ZHRC flags legal failings in Mt Hampden evictions leaving thousands stranded

HARARE – The Zimbabwe Human Rights Commission (ZHRC) has expressed deep concern over the mass evictions at Willdale Farm in Mt Hampden, where thousands of people were displaced following a High Court order in favour of brickmaker Willdale Limited.

The development comes as the company has issued a cautionary statement announcing the recovery of over 123 hectares of land and plans to develop an industrial commercial park.

ZHRC Chairperson Fungayi Jessie Majome visited the site on 29 November 2025, where she found hundreds of evicted residents camping in the open along Nemakonde Road, without shelter, water, or sanitation.

A follow-up monitoring mission by the ZHRC secretariat on 2 December confirmed that approximately 7,000 people including children, the elderly, persons with disabilities, and people of foreign heritage with no alternative homes, remained stranded.

According to the Commission, the evictions were carried out after a court order granted Willdale vacant possession of the land, which had been occupied as an informal settlement.

Many of the residents were retired workers or their descendants, while others earned livelihoods through brick moulding on the property.

ZHRC, however, said its inquiries revealed significant procedural gaps. Residents reported they were not served with court papers as individuals and were not aware of or involved in the court proceedings.

The Commission said this represents a prima facie violation of civil procedures, including the audi alteram partem (right to be heard) rule, and may amount to a breach of constitutional rights, specifically, section 69 on the right to a fair hearing and section 74 on freedom from arbitrary eviction.

“If confirmed, the eviction would qualify as arbitrary, prohibited by the Constitution, as it appears the court did not consider all relevant circumstances,” ZHRC said in its statement.

The Commission further noted that the evictions had resulted in severe infringements on fundamental rights, including access to shelter, privacy, dignity, education, healthcare, food, and water, in violation of national and international human-rights standards such as the International Covenant on Economic, Social and Cultural Rights and the Kampala Declaration.

While acknowledging government efforts to provide temporary land in Nyabira, as well as humanitarian support from the Civil Protection Unit (CPU) and the International Organization for Migration (IOM), ZHRC said relocation had been slow.

Only 36 families had been moved out of nearly 8,000 displaced people.

The Commission said it will assess the legality and constitutionality of the evictions and pursue appropriate redress as mandated under section 243 of the Constitution. It also pledged to continue monitoring the situation and engaging stakeholders.

“The ZHRC will assess the legality and constitutionality of the evictions with the aim of securing appropriate redress for human violations committed as it is mandated by section 243 (1)(g) of the Constitution.

It will also continue monitoring the situation, receiving complaints and engaging key stakeholders so as to recommend per section 243(1)(i) to Parliament effective measures that can be taken to promote human rights,” the organisation stated.

The ZHRC recommended that the government provide livelihood support, ensure rights-compliant housing solutions, prevent political manipulation of land allocation, and urgently accelerate relocation processes.

Meanwhile, Willdale Limited has formally notified shareholders of material developments affecting its operations.

In a cautionary statement, the Zimbabwe Stock Exchange-listed brickmaker confirmed it had regained control of 123.6314 hectares of land in Mt Hampden, previously “unlawfully occupied by third parties.”

The company said vacant possession has since been handed over to a contractor to commence the development of an industrial commercial park.

Willdale expects the project, including the future disposal of industrial stands – to diversify its revenue streams and potentially boost its share price. The anticipated income is also expected to support operational improvements and investment in new technologies.

Willdale urged shareholders and stakeholders to exercise caution when trading in its shares until further announcements are made.