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A continuing purge of students' rights with impunity
Zimbabwe Lawyers for Human Rights (ZLHR)
July 10, 2007

Zimbabwe Lawyers for Human Rights (ZLHR) is deeply concerned by the relentless attacks against students at the University of Zimbabwe by the university authorities and security guards backed by members of the Zimbabwe Republic Police (ZRP).

ZLHR is aware that on 27 June 2007 the Department of Accommodation and Catering Services at the University gave students notice to pay an additional Accommodation fee of ZW $1 000 000.00 (One Million) by 29 June 2007, failing which they would be evicted from halls of residence. The additional accommodation fees arose from the extension of the semester by another month following strikes by lecturers over failure by the university to pay them adequately. The students had already paid $350 000.00 for the four month semester and were now being ordered to pay $1 000 000.00 for just one month.

In response to the threat against the students of forced evictions and the high probability of their preparations for examinations starting on 16 July 2007 being disrupted, ZLHR filed an urgent chamber application seeking an order that any eviction of the students be barred and that they be allowed to continue residing at the university until they finished writing their examinations on the 28th of July 2007. Sadly the High Court, presided over by Justice Karwi, was of the view that the students' plight and threatened eviction was not urgent; he dismissed the urgent application and advised the applicants to proceed by way of a normal court application, as there was no urgency at hand.

On 9 July 2007 at around 1400hrs a notice was issued ordering all students at the University of Zimbabwe out of their halls of residence by 1500hrs the same day, giving students not more than an hour to pack their belongings of a year and move off campus. Members of the ZRP riot police section, and university security guards went about forcefully evicting the students, assaulting many in the process. Scores of students were thus evicted from their halls of residence and left stranded at the bus terminus area adjacent to their halls of residence. The students were forced to spend the cold winter night there, some losing their property to thieves in the night. Even sadder was the plight of women students being exposed to sexual exploitation by 'good Samaritans' who offered them the "comfort" of their homes, preying on their hopeless situation.

ZLHR deplores the use of violence against unarmed students by the university authorities and members of the ZRP, and the ensuing destruction of property, both belonging to students and that of the university, especially in light of the current economic climate and the lack of resources available to the university for any reconstruction.

Six student leaders were also arrested on 7 July 2007 in the melee, namely Caesar Sitiya, Tatenda Chiuya., Shaun Matsheza, Shingai Brian Chikomba, Thabani Mthokozisi Moyo and Manifest Fortune Jabuli. After initially being denied access to their lawyers, they were detained over the weekend at the Law and Order section of Harare Central police station and were only released on Z$ 1million bail each on Tuesday 10 July 2007. They face charges of malicious damage to property, which they deny, and will appear in court again on 1 August 2007.

On 10 July 2007 ZLHR project lawyer for public interest litigation, Mr Rangu Nyamurundira, filed another urgent chamber application seeking the stopping of the forced evictions and that students be allowed to return to their halls of residence until they finish their examinations. The matter is still pending before the court.

ZLHR express its regret and concern over the initial decision by the High Court that the matter and plight of the students was considered not to be urgent, therefore leaving the students open to the now effected forced eviction by the University of Zimbabwe and the ZRP.

The University of Zimbabwe is an administrative authority which is bound by the Administrative Justice Act [Chapter 10:28], which Act provides under its section 3 that an administrative authority which has the responsibility or power to take any administrative action which may affect the rights, interests or legitimate expectation of any person shall act lawfully and in a fair manner. Clearly the University of Zimbabwe has continued to act with impunity in a grossly unfair, unreasonable and illegal manner in contravention of the principles of natural justice against the students. Furthermore principles of natural justice demand that an affected party be given the right to be heard before an administrative decision affecting her/his rights is taken. It is quite clear that the arbitrary decision of the university is ultra vires the Administrative Act and the Constitution of Zimbabwe.

The courts are failing to protect the rights and interests of the students as guaranteed in the Administrative Justice Act and in several domestic, regional and international human rights instruments which guarantee their right to education, shelter, protection against forced evictions, and protection from inhuman and degrading treatment.

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