In the video, Gambakwe discusses the alleged illegal eviction of residents from Arnold Farm in Mazowe, Zimbabwe, accusing Vice President Kembo Mohadi of abusing his power as the acting president.

Here are the main points Gambakwe makes:

• Abuse of Power: Mohadi is accused of using his position as Acting President, while President Mnangagwa is away, to carry out the eviction of families from Arnold Farm. The speaker calls this an “illegal eviction.” [00:24], [02:06]
• Perpetrator: The eviction was reportedly carried out by Mohadi’s son, Mafa Mohadi, with a group of people who drove trucks onto the farm. [01:13], [01:34]
• The Evicted Residents: A large group of families, including old people, young people, children, and the elderly, were forcibly removed from the farm and “dumped” on the side of the road near the farm with no access to water or resources. [00:43], [01:51]
• Losses: The residents lost all their property, including their livestock, and it is alleged that some of their money was stolen during searches of their houses. They have also lost their livelihoods, and children cannot go to school. [02:13], [02:37], [02:59]
• History of the Farm: The farm was repossessed by the government, and then initially owned by Grace Mugabe. President Mnangagwa had previously told the families to stay on the farm. Many of the evicted families have been on the land for 25 years, since 2000, and there is allegedly a court order stating they should not be removed. [03:04], [03:34], [04:02], [04:08]

The 2017 “Mazowe-Arnold-Farm-Report” by the Zimbabwe Human Rights Commission (ZHRC) investigated the eviction and demolition of houses at Arnold Farm, concluding that residents’ rights were violated due to arbitrary actions by the Zimbabwe Republic Police. The report found a lack of due process, inadequate resettlement for those relocated, and no compensation for demolished property.

🏢 Investigative Report: Arnold Farm Residents vs. ZRP and Ministry of Lands

File References: ZHRC/CI/0033/17, ZHRC/CI/0034/17

Parties:

• Complainants: Arnold Farm Residents and Valeria Farm Residents
• Respondents: Zimbabwe Republic Police (ZRP) and Ministry of Lands and Rural Resettlement

1. Introduction

• Purpose: This report details the findings of the Zimbabwe Human Rights Commission (ZHRC) investigation into a complaint alleging the violation of the right to freedom from arbitrary eviction through the demolition of complainants’ houses by the Zimbabwe Republic Police (ZRP).
• Location Context: The complainants are from Arnold Farm, which is part of the Manzou Game Park, encompassing six farms: Arnolds, Glenbervie, Maggiesdale, Surtic, Thetford, and Valeria. These farms were designated for wildlife and not used for agriculture prior to the land redistribution exercise.
• Events: Demolitions and burning of houses occurred starting around March 23, 2017, with some ongoing reports. This followed previous demolitions dating back to around 2006.
• Causes of Action Considered by ZHRC:
  1. Arbitrary eviction without a court order or suitable alternative accommodation/land.
  2. Damages arising from the loss of houses and household property.
  3. Human rights investigation into violations of constitutional rights, including shelter (Sec 28), freedom from arbitrary eviction (Sec 74), human dignity (Sec 51), food (Sec 77), education (Sec 75), freedom from inhuman/degrading treatment (Sec 53), personal security (Sec 52(a)), and Administrative Justice (Sec 68).

2. Mandate of the Commission (ZHRC)

• Establishment: Established as an Independent Commission under Section 242 of the Constitution of Zimbabwe.
• Functions (Section 243(1)(a) – (k)): Include promoting human rights awareness, protecting and developing human rights, receiving and acting on public complaints, and investigating alleged violations of the Declaration of Rights. The ZHRC can also recommend prosecution.
• Investigation Powers (ZHRC Act, Section 9): Empowers the Commission to investigate violations on its own initiative or based on a written complaint from an affected person (or their representative).

3. Detailed Background of Complaint

• Referral: The complaint was referred by the Zimbabwe Lawyers for Human Rights (ZLHR).
• Settlement History: Complainants settled on Arnold Farm (Manzou Farm) in 2000 during the Land Reform Programme, acting on the authority of then ZANU PF Political Commissar Mr. Elliot Manyika.
• 2017 Allegations: Since March 2017, persons purporting to represent the Ministry of Lands and Rural Resettlement alongside the ZRP allegedly:
  • Arbitrarily demolished and burnt houses without notification.
  • Used ZRP lorries with ropes to drag and destroy houses irreparably.
  • Erected boom gates, limiting the freedom of movement.
• Impact: Over 100 homes were demolished, leaving residents (including the sick, elderly, and children) exposed in the cold/wet, affecting the harvest season. Some evicted people were relocated to Nyandirwe, Lazy, and Rivers farms.

4. Methodology

• On-site Investigation: ZHRC conducted investigative visits to Arnold Farm and the relocation sites (Nyandirwe, Lazy, and Rivers Farms).
• Interviews: Meetings were held with the Minister of State for Mashonaland Central Province (Dr. Martin Dinha) and the Minister of Lands and Rural Resettlement (Dr. Douglas Mombeshora), as well as affected residents.
• Desk Research: Extensive legal research was conducted on the applicable human rights framework.
• Focus Group Discussions (FGDs): Conducted at demolition sites to gather detailed information.
  • Community members confirmed demolitions began March 23, 2017, despite court orders barring the respondents.
  • Those conducting demolitions allegedly claimed to be ZRP acting on instructions from the First Lady.
  • Residents wanted relocation only if given proper notice for harvesting and suitable land.

5. Legal Framework

a. Constitutional Framework

Relevant sections cited include: Section 51 (dignity), Section 52 (security), Section 53 (inhuman/degrading treatment), Section 66 (freedom of movement), Section 68 (administrative justice), Section 71 (property), Section 72 (agricultural land), Section 74 (freedom from arbitrary eviction), Section 75 (education), Section 77 (food/water), and rights of the elderly (Sec 82) and children (Sec 81(f)).

b. International Law

• UDHR Article 17: Provides freedom from arbitrary deprivation of property.
• ICESCR Article 11: Recognizes the right to an adequate standard of living, including adequate housing.

6. FINDINGS

6.1 Freedom from Arbitrary Eviction

• The ZRP and Ministry of Lands violated the right to freedom from arbitrary eviction by evicting residents without a court order and without suitable alternative land endowed with security of tenure and services, contrary to UN General Comment 4.
• Demolitions during the rainy season worsened conditions, affecting children’s right to education. Excessive force was used on at least one complainant who was assaulted and hospitalized.
• Demolitions continued despite several court orders interdicting the eviction or requiring suitable alternative land.

6.2 Right to Administrative Justice

• The conduct of the ZRP and Ministry officials was unlawful and un-procedural as they acted in defiance of High Court orders.
• The use of excessive force and destruction of property without notice violated Section 68 of the Constitution. A precedent case (DUSABE vs HARARE CITY COUNCIL) was cited emphasizing that government departments cannot unilaterally demolish structures without a court order.

6.3 Right to Freedom of Movement

• Boom gates manned by purported ZRP officers at farm entry points hinder the free movement of residents, violating Section 66(2)(a) of the Constitution.

6.4 Findings on Relocated Sites (Rivers, Lazy, Nyandirwe Farms)

• Right to Compensation: No resident was compensated for their move or demolished houses, contrary to General Comment 7 of the Committee on ESCR. Some relocated persons lacked offer letters, threatening their security of tenure.
• Right to Land:
  • At Lazy Farm, families received small plots ($20m \times 40m$) plus 2 hectares for farming, but no pasture land. The soil is fertile but prone to waterlogging/flooding.
  • At Rivers Farm, land allocated for Arnold Farm residents was grazing land for existing inhabitants, and the farm has limited arable land (only 8 hectares out of 200 hectares mapped).
  • At Nyandirwe Farm, only 5 families were resettled, each with 6 hectares and offer letters (better security of tenure).
  • Rivers and Nyandirwe land is generally sandy and arid, unsuitable for crop production.
• Right to Health/Education: Clinics (e.g., Ceaser Clinic) are over 15 km away with poor road networks, hampering access for the sick and children’s access to school. No Early Childhood Development (ECD) facilities were noted.

6.5 Response from Minister of Lands and Rural Resettlement

• Confirmed Arnold Farm is part of the Manzou Game Park designated for wildlife.
• Alleged many arrivals were for illegal mining or selling firewood.
• The game park status was restored (renamed Makwiramiti Game Park), necessitating relocation of 208 people who cooperated.
• Those who remained were allegedly illegal gold panners.
• The Minister claimed relocation sites had established services, and those relocated were happy.
• National Monuments: The Upper Mazowe valley, including Arnold Farm, is defined as a protected cultural landscape (National Monument) due to its significance related to Mbuya Nehanda and the First Chimurenga.

6.6 Response from Minister of State for Mashonaland Central Province

• Confirmed the recurring nature of the issue since 2008.
• Arnold Farm is a Conservancy housing a Mbuya Nehanda National Monument.
• Identified the attraction as rich gold deposits and fishing, leading to environmental degradation.
• Noted a population increase on the farm from approx. 600 families in 2012 to 1,200 in 2014 despite relocations.

6.6 Summary of Findings

• The relocation lacked proper planning and coordination.
• Families were moved without valuation or compensation for homes.
• Some received inadequate land, and others were “dumped” on already occupied land.
• A lack of official documents (offer letters) leaves many at risk of being classified as illegal settlers, perpetuating insecurity.
• Poor access to roads, schools, and clinics was noted.

7. CONCLUSION

The relocation without suitable alternative land was not sanctioned by the Courts, violating numerous rights, chief among them: freedom from arbitrary eviction, education, health, administrative justice, and freedom of movement. The failure to prioritize adequate compensation and the lack of coordination between government agencies caused suffering. The evictions and demolitions at Arnold and Valeria farms were deemed unconstitutional and a clear violation of the Declaration of Human Rights.

8. RECOMMENDATIONS

TO THE GOVERNMENT OF ZIMBABWE/MINISTER OF STATE FOR MASHONALAND CENTRAL PROVINCE

• 8.1 Resettlement: Resettle complainants on adequate productive land that supports livelihoods, guaranteeing security of tenure (Sec 292).
• 8.2 Compensation: Provide just and fair compensation and effective remedies (Article 12 of the Kampala Convention), sharing assessment criteria with affected people.
• 8.3 Essentials: Provide essentials: food, potable water, basic shelter, appropriate clothing, medical services, and sanitation.
• 8.4 Education: Ensure quality education with adequate facilities near relocation sites, including ECD facilities.
• 8.5 Humanitarian Aid: Engage with/permit humanitarian agencies to alleviate the situation (Article 9(3) of the Kampala Convention).

TO THE MINISTRY OF LANDS AND RURAL RESETTLEMENT

• 8.6 Planning: Put in place procedures to minimize displacement effects, exploring all feasible alternatives to avoid displacement (UN Guiding Principles 5 and 9).
• 8.7 Land Issuing: Establish a predictable land issuing framework for beneficiaries to plan long-term.
• 8.8 Coordination: Collaborate with other Ministries to resolve confusion over land use (game park, conservancy, mining, cultural site, farming).
• 8.9 Land Use Monitoring: Monitor and ensure Arnold Farm is used as a national monument, coordinating with the National Museums and Monuments.

ZIMBABWE REPUBLIC POLICE

• 8.10 Uphold Mandate: Uphold the Constitution by protecting lives and property, maintaining order, and desisting from using disproportionate force (assault). Must respect judiciary decisions and court orders.

MINISTRY OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE

• 8.11 Humanitarian Assistance: Ensure NGOs are afforded the space to assist the evicted complainants.

9. Pictorial Evidence of demolitions by the Zimbabwe Republic Police

• Pictorial evidence of demolitions and arbitrary evictions is attached as ‘ANNEXURE A’ (Pictures A-F, showing demolished structures, burnt structures, and exposed property).