muzerengwa and others v republic of zimbabwe communication 306 of 2005 2011 achpr 111 3 march 2011

muzerengwa and others v republic of zimbabwe communication 306 of 2005 2011 achpr 111 3 march 2011

The communication is inadmissible because the complainants failed to exhaust local remedies; domestic courts were not approached to rule on the substance of the eviction and alleged human rights violations, and prior proceedings were dismissed on technicalities rather than merits.

Citation
muzerengwa and others v republic of zimbabwe communication 306 of 2005 2011 achpr 111 3 march 2011
Parties
Complainant: Samuel T. Muzerengwa & 110 Others; Respondent: Republic of Zimbabwe
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
3 March 2011
Procedural Posture
Communication / Admissibility Decision
Outcome
inadmissible
Legal Topics
Forced Eviction, Exhaustion of Local Remedies, Right to Housing, Right to Property, Administrative Remedies
Source Language
English
Human Rights Land Law Forced Eviction Exhaustion of Local Remedies Right to Housing Right to Property Administrative Remedies

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Parties

Samuel T. Muzerengwa & 110 Others

Complainant

Republic of Zimbabwe

Respondent

Procedural Posture

Communication / Admissibility Decision

Legal Issues

  1. 1 Whether the eviction of Wakarambwa Village violated rights under the African Charter
  2. 2 Whether local remedies were exhausted before approaching the Commission

Ratio Decidendi

The communication is inadmissible because the complainants failed to exhaust local remedies; domestic courts were not approached to rule on the substance of the eviction and alleged human rights violations, and prior proceedings were dismissed on technicalities rather than merits.

Court Disposition

inadmissible

Orders

  • Communication declared inadmissible for failure to comply with Article 56(5) and (6) of the African Charter.
  • Notice of decision to be given to parties.