High Court stops eviction of Plumtree widow

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High Court stops eviction of Plumtree widow

HIGH Court Judge Justice Evangelista Kabasa has stopped the ill-treatment of a widow, Manesi Ncube by interdicting a local traditional leader and a Councillor from evicting her from a homestead in Mpoyi village in Plumtree.

Ncube was in August 2020 ordered to leave her village following allegations by some community members that she neglected her sick child and left her to die in her homestead.

Aggrieved by the irrational decision, Ncube approached Zimbabwe Lawyers for Human Rights (ZLHR) for legal assistance and this led Shepherd Chamunorwa of ZLHR to file an urgent chamber application at Bulawayo High Court seeking an order to interdict Headmen Madlambuzi known as Fidzani Ndlovu and Witness Ncube, the Councillor for Ward 12 in Hingwe, Plumtree in Matabeleland South province, from evicting her.

During the court hearing, it emerged that Ncube’s daughter, who had passed away, was actually an adult person, who was married to a man who also resides in the same village.

The man decided to take Ncube’s daughter back to her mother when she became seriously ill.

At some time, Ncube being a widow and having other minor children to look after, decided to travel to Botswana in search of employment to fend for her children.

While she was in Botswana, her adult, married daughter passed away. On her return home to bury her daughter, Ncube discovered that she had been buried and the community had taken a resolution that she was irresponsible and should be evicted from the village.

A traditional court was convened at the beginning of August 2020, and it was decided by the community leadership that she must vacate by 31 August 2020.

As the court proceedings were underway, it was discovered that Ward 12 Councillor Ncube assisted by other villagers had destroyed one of Ncube’s houses at her homestead.

However, the destruction and eviction has since been stopped by Justice Kabasa, who interdicted Ndlovu and Ncube from evicting the widow and also ordered them to restore her to her homestead.

Ndlovu and Ncube were also barred from harming the widow or her children physically or destroying or demolishing her homestead.

Chamunorwa has also assisted Ncube to report the destruction of her property at the local police station and is currently awaiting the outcome of investigations by Zimbabwe Republic Police members.

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