Zimbabwe govt defends arrests of homeless people

The government has strongly defended its practice of routinely arresting homeless individuals, describing them as a "nuisance" and potential suspects for petty crime. In a recent statement before the Parliamentary Portfolio Committee on Defence and Home Affairs, Home Affairs Secretary Raphael Faranisi expressed the government's stance on the issue, following a petition filed by the Zimbabwe Human Rights Association (ZimRights) calling for the repeal of the Vagrancy Act.

ZimRights had previously presented their concerns in a petition before the committee, led by Albert Nguluvhe, in 2023. Farai Sibanda, the organization's community engagement specialist, argued that the Vagrancy Act violates key constitutional rights, including the right to dignity, freedom, and equality. Sibanda contended that the Act criminalizes homelessness and infringes on the fundamental rights of vulnerable individuals.

The Vagrancy Act grants police the authority to arrest individuals deemed homeless, and further criminalizes those who assist or encourage vagrancy. Sibanda's petition called for the repeal of the law, asserting that it is unconstitutional and inhumane.

Responding to these claims, Faranisi dismissed the notion that the Vagrancy Act is unconstitutional. "The Act is not inconsistent with the Constitution of Zimbabwe," he stated. "Its provisions do not violate the right to dignity, nor do they breach the constitutional prohibition on torture, inhuman, or degrading treatment." He further emphasized that the law is designed for general application and is not aimed at targeting specific groups, aligning with the conditions for limitations set out in Section 86 of the Constitution.

Faranisi also acknowledged the need for some updates to the Act, particularly with respect to the age of minors. "At the time of the Act's enactment, children were considered persons below 16 years. There is now a need to amend the law to raise this threshold to 18 years, in line with the Constitution," he said. He pointed to the Children's Act, which outlines the protection and welfare of children, including those experiencing homelessness.

Despite criticisms from rights groups, Faranisi defended the arrests, clarifying that they are not punitive in nature. "The purpose of arresting suspected vagrants is not to punish or imprison them but for a magistrate to assess whether they require detention in a re-establishment centre for necessary support," he explained.

The Home Affairs Secretary further asserted that the Vagrancy Act plays a crucial role in maintaining law and order, particularly in addressing behaviors like begging and loitering, which are sometimes linked to petty crimes such as drug abuse. "Vagrants are a nuisance," he added, "and their presence on the streets can lead to disturbances and contribute to crime."

Faranisi also emphasized the potential negative economic impact of unregulated vagrancy, particularly in urban centers. "The presence of vagrants in key areas such as the Central Business District, especially near hotels like Monomotapa Hotel, negatively affects tourism and compromises public safety," he said.

The Vagrancy Act, which defines a vagrant as someone without a fixed place of residence or means of support, has long been a controversial piece of legislation. It remains to be seen whether the government will make any significant changes to the law in response to the growing pressure from human rights advocates and lawmakers.

As Zimbabwe continues to grapple with social and economic challenges, the debate over the treatment of the homeless and the implications of the Vagrancy Act is likely to remain a point of contention in both the public and political spheres.