Repeal the Vagrancy Act Advocacy Update: Feb 2025

Phase 1: Petition and Mobilization (July 2024 – November 2024)

  • 10 July 2024: ZimRights launches a petition calling for the repeal of the Vagrancy Act [Chapter 10:25], emphasising its colonial origins and its criminalization of homelessness.
  • 31 July 2024: ZimRights submits the petition to the Parliament of Zimbabwe, signed by ZimRights members and ordinary citizens under the Protection of Vulnerable Communities Campaign (PVCC).
  • June 2024: ZimRights highlights real-life cases of victims of the Vagrancy Act, including:
    • July 2024: Documenting the story of Kuda Chitsike, a homeless individual who later joined ZimRights’ PVCC Campaign.
    • July 2024: Launch of the Blankets and Loaves Outreach Mission, providing humanitarian support to homeless persons.

Phase 2: Parliamentary Engagement and Evidence Submission (November 2024 – February 2025)

  • 25 November 2024: ZimRights presents evidence to the Parliamentary Portfolio Committee on Defence, Home Affairs, War Veterans, and Security Services.
    • Representatives: Community Engagement Specialist Farirai Sibanda (ZimRights) and Kenias Shonhai (Zimbabwe Lawyers for Human Rights – ZLHR).
    • Key Submissions:
      • Case Studies of Arbitrary Arrests:
        • 16 May 2006: 10,244 individuals arrested and detained under the Act.
        • 31 May 2024: 28 men arrested in Harare under the Act, with no charges brought against them.
        • 2007: Seven vagrants died while imprisoned at Mlondolozi Prison in Bulawayo, awaiting mental examinations.
      • International Law Violations:
        • Reference to the 4 December 2020 African Court on Human and Peoples’ Rights ruling, which declared vagrancy laws incompatible with human rights treaties.
        • Emphasis that Zimbabwe is failing to align its laws with the African Charter and other international human rights instruments.
  • 17 February 2025: Ministry of Home Affairs presents oral evidence before Parliament, responding to ZimRights’ petition.
    • Key Government Submissions:
      • The Act is not unconstitutional but requires some reforms.
      • The government claims a rehabilitative approach to vagrancy but fails to provide evidence of functioning rehabilitation centers.
      • The Ministry concedes that certain sections of the Act should be reformed, including raising the age limit to 18 years and removing derogatory provisions.
      • No statistics are available on rehabilitated individuals or operational rehabilitation centers.
  • Parliamentary Committee Challenges Ministry’s Position:
    • Questions identification, profiling, and arrest criteria used under the Act.
    • Calls for a field visit to rehabilitation centers to verify their existence.
    • Requests additional research on the impact of the law and alternative legal frameworks.

Phase 3: Continued Advocacy and Next Steps (February 2025 – Ongoing)

  • Parliament acknowledges concerns and commits to stakeholder consultations, including with the Zimbabwe Republic Police (ZRP) and relevant ministries.
  • ZimRights pledges ongoing engagement with Parliament to support research on affected individuals and propose alternative legal frameworks.
  • ZimRights calls on Zimbabweans to take action, engage lawmakers, and accelerate the repeal process through community mobilization and policy advocacy.
  • ZimRights continues using the People’s Human Rights Manifesto as a key tool for engaging communities in conversations on legal reforms.

Conclusion: The Call to Action

  • Momentum is growing for the repeal of the Vagrancy Act, with Parliament showing openness to reform.
  • ZimRights urges citizens to unite in advocating for an alternative legal framework that protects rather than punishes marginalized communities.
  • The repeal of the Vagrancy Act is long overdue. Each day this law remains in place is a day too long for justice and equality.
X