Wakilii

Muzerengwa and Others v Republic of Zimbabwe (Communication 306 of 2005)

African Commission on Human and Peoples' Rights · [2011] ACHPR 111 · 2011 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging human rights violations arising from forced eviction
Decision
Communication declared inadmissible with leave to resubmit after exhaustion of local remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the Communication inadmissible for failure to exhaust local remedies. The domestic courts of Zimbabwe were never given the opportunity to rule on the substantive merits of the alleged unlawful eviction and human rights violations. The High Court and Supreme Court dismissed the case on procedural technicalities without addressing the substance. The applicants could have approached the Supreme Court under Section 24(2) of the Constitution to seek redress for the alleged human rights violations but failed to do so.

Outcome

Communication declared inadmissible with leave to resubmit after exhaustion of local remedies

Facts

In December 1998, the Buhera Rural District Council in Zimbabwe resolved that Wakarambwa Village, headed by Samuel T. Muzerengwa and comprising 110 families, had unlawfully occupied land belonging to Nyararai Village. The Council ordered immediate eviction without providing alternative land. The dispute dated to the colonial era when the land was reserved for livestock grazing. The Nyararai Village residents belonged to the paramount chieftaincy family. After the Council's resolution, the Gotora family obtained an eviction order from the Magistrate's Court. The Wakarambwa families challenged the order in the High Court and Supreme Court, but both courts dismissed the case on procedural technicalities without addressing the merits. The families appealed to the President under the Communal Lands Act but received no response. The evictions were carried out without compensation, restitution, or provision of alternative land. Despite a concurrent land reform programme, the displaced families were not considered as beneficiaries.

Issues

  1. Whether the Communication complies with the admissibility requirements under Article 56 of the African Charter on Human and Peoples' Rights.
  2. Whether the applicants exhausted local remedies before bringing the Communication to the African Commission.
  3. Whether the Communication establishes a prima facie violation of rights under the African Charter.
  4. Whether the Communication was filed within a reasonable time after exhaustion of local remedies.

Orders

  • Communication declared inadmissible for non-compliance with Article 56(5) and (6) of the African Charter.
  • Parties to be notified of the decision in accordance with Rule 107(3) of the New Rules of Procedure.
  • Complainants informed of their right to resubmit the Communication after exhausting local remedies in accordance with Rule 107(4) of the Rules of Procedure.
  • Decision to be included in the Commission's Report on Communications.

Rules and key headnotes

Exhaustion of Local Remedies — Requirement to Raise Substantive Issues Before Domestic Courts
The rule of exhaustion of local remedies requires that domestic courts be given the opportunity to address the substantive merits of alleged human rights violations, not merely procedural or technical matters, before an international body may consider the complaint.
Admissibility — Prima Facie Case — Meaning and Standard
A prima facie case of human rights violation is established when the facts presented in a complaint show that a violation has likely occurred and compel the conclusion that a violation occurred if not contradicted or rebutted by the respondent state.
Exhaustion of Local Remedies — Discretionary Executive Remedies Distinguished from Judicial Remedies
An appeal to the President or other executive authority that is discretionary in nature does not constitute a judicial remedy that must be exhausted before approaching an international human rights body.
Exhaustion of Local Remedies — Rationale and Purpose
The requirement of exhaustion of local remedies is founded on the principle that a government should have notice of human rights violations and the opportunity to remedy such violations before being called before an international body, as local remedies are normally quicker, cheaper, and more effective than international ones.
Admissibility — Premature Filing — Failure to Exhaust Available Constitutional Remedies
Where a complainant fails to pursue available constitutional remedies for alleged human rights violations, such as an application under a constitutional provision protecting fundamental rights, the communication is premature and inadmissible for failure to exhaust local remedies.

Legislation cited (28)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 10(1)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 13(3)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 17
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 18(4)
  • African Charter on Human and Peoples' Rights Article 21
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(2)
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(4)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • Communal Lands Act (Zimbabwe) s.8(4)
  • Communal Lands Act (Zimbabwe) s.8(5)
  • Rural District Act (Zimbabwe) 29:13
  • Regional, Town and Country Planning Act (Zimbabwe) Chapter 29:12 s.32
  • Constitution of Zimbabwe s.24(2)
  • Administrative Justice Act (Zimbabwe)

Cases cited (6)

  • Free Legal Assistance Group and Others v Zaire (Communications 25/89, 47/90, 56/91, 100/93)
  • Recontre Africaine pour la Defense des Droits de l'Homme v Zambia (Communication 71/92)
  • Centre for Minority Rights Development and Minority Rights Group International v Kenya (Communication 276/03)
  • Kenneth Good v Botswana (Communication 313/05)
  • Mungofa Gotora v Nditra Muzerengwa and 32 Others (Zimbabwean Magistrate Court for the Province of Manicaland)
  • Nditira Muzerengwa Chuma v Buhera Rural District Council & Mungofa Gotora (Civil Appeal No. 325 of 2000)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Muzerengwa and Others v Republic of Zimbabwe (Communication 306 of 2005) [2011] ACHPR 111 (3 March 2011)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.