How Dare You Take Us Out of the Land of Our Ancestry Perspectives on Human Rights and Novel Land Invasions and Evictions in Zimbabwe

Authors

  • Noah Maringe Department of Law and Legal Services, Zimbabwe Ezekiel Guti University, Zimbabwe. Author
  • Judith Machaka Department of Law and Legal Services, Zimbabwe Ezekiel Guti University, Zimbabwe Author

Keywords:

Chiadzwa, ancestral land, land rights, mining companies, Villagers

Abstract

This article examines the laws relating to access to communal land and their effectiveness in protecting the villagers from arbitrary evictions for development purposes. These laws are further discussed in the context of specific examples where evictions that resulted in the displacement of people from their ancestral lands took place. ARDA Transau where local inhabitants were displaced to make way for diamond mining in Chiadzwa, and Mutoko where two wards were abandoned as a result of blasting during extraction of black granite are used as good examples. A discussion of these examples shows that the villagers did not only lose their land but also their ancestral connections and historically formed family ties. The compensation and the required notices were insignificant and were not in line with relevant international and domestic laws that govern evictions and displacements in Zimbabwe. These include the Constitution of Zimbabwe that requires that in evictions of that nature, the acquiring authority must give adequate notices and compensation. Instead of benefiting from the resources that naturally accrues to them, the villagers slipped into extreme poverty. In addition, rural district councils did not benefit meaningfully from the extraction of such minerals. On the other hand, the mining companies became beneficiaries and were substantially enriched.

Author Biographies

  • Noah Maringe, Department of Law and Legal Services, Zimbabwe Ezekiel Guti University, Zimbabwe.

    Dr Noah Maringe is a legal practitioner and lecturer of law with 15 years of experience. He holds a Bachelor of Laws degree from the University of Zimbabwe in the Republic of Zimbabwe which he attained in 2008. He proceeded to acquire a Master of Laws degree in 2018 and a Doctor of Laws degree in 2022, from the University of South Africa in the Republic of South Africa. He currently teaches law at Zimbabwe Ezekiel Guti University in Bindura, Zimbabwe. He is also the Dean of the Faculty of Law, Business Intelligence and Economics in the same university. He joined Zimbabwe Ezekiel Guti University in 2017. Previously, he lectured at Bindura University of Science Education and Zimbabwe Open University from 2009 to 2016 and both universities are in Zimbabwe. He has published in the areas of Labour Law, Constitutional Law and Insurance Law and he has over 20 publications to his name. As a legal practitioner, he is the Senior Partner of Maringe and Kwaramba Legal Practitioners, a law firm that is based in Zimbabwe and it was established in 2015. He has represented clients in the areas of labour law, human rights law and criminal law in Zimbabwe.

  • Judith Machaka, Department of Law and Legal Services, Zimbabwe Ezekiel Guti University, Zimbabwe

    Judith Machaka is a lawyer registered with the High court of Zimbabwe. I am currently working as a Law lecturer at the Department of law and legal Services at Zimbabwe Ezekiel Guti University in Zimbabwe since 2020. I am passionate about Disability Rights, Women and Children’s rights. My role as a lecturer allows me to interact with young adults from diverse backgrounds. I work with a number of respected professionals including fellow lecturers, Researchers and Deans. Before joining the University, I was a full time legal practitioner in private practice where I was responsible for drafting documents, research, court appearances. 

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Published

2024-10-10

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Articles

How to Cite

How Dare You Take Us Out of the Land of Our Ancestry Perspectives on Human Rights and Novel Land Invasions and Evictions in Zimbabwe. (2024). Lighthouse: The Zimbabwe Ezekiel Guti University Journal of Law, Economics and Public Policy, 2(1 & 2), Pages: 207 - 224. http://journals.zegu.ac.zw/index.php/lh/article/view/104

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