The government has defended the routine arrests of vagrants and other homeless persons, describing them as a nuisance and suspects for petty crime.
Home Affairs secretary Raphael Faranisi state the government’s position before the parliamentary portfolio committee on defence and home affairs last week,
He was responding to a petition to Parliament by the Zimbabwe Human Rights Association (ZimRights) to repeal the Vagrancy Act, saying its provisions are unconstitutional.
In a petition presented before the Albert Nguluvhe led Parliamentary portfolio committee
on defence and home affairs in 2023, ZimRight’s community engagement specialist and activist, Farai Sibanda, said the Act violates the constitution.
Sibanda said the Vagrancy Act violates the right to dignity, freedom, and equality as guaranteed in the constitution.
Police are empowered by the Vagrancy Act to arrest people living on the streets.
Furthermore, it criminalises any person who assists or encourages vagrancy.
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Faranisi said the Act is not inconsistent with the Constitution of Zimbabwe ‘given that its provisions neither violate the right to dignity nor freedom from torture, inhuman and degrading treatment.’
“The Act is a law of general application and is not designed to be arbitrary or targeted at specific groups, the vagrancy law in this jurisdiction meets the set conditions for limitations provided for in Section 86 of the constitution,” he said.
“Therefore, it is a fair, reasonable and necessary piece of legislation.”
He said at the time of enactment of the Act, children were persons below 16 years.
“There is therefore a need to align the Act with the constitution by raising the age under section 17 to 18 years,” he said.
“Moreover, the Children’s Act [Chapter 5:06] provides for the protection and welfare of children, including those who are homeless.
“The arrest of suspected vagrants contemplated in Section 3 (1) of the Act, is not to punish them or take them to jail, but for a Magistrate to ascertain whether or not they need to be detained in a re-establishment centre and get the requisite support.”
Faranisi said vagrants were a nuisance.
“The Act aims to maintain law and order by addressing behaviours associated with vagrancy, such as begging and loitering, which sometimes can lead to petty crimes or disturbances such as drug and substance abuse,” he said.
“The Act is a vital cog in fighting drug and substance abuse and crime by removing these vulnerable persons from the streets. “
“Furthermore, if vagrancy is not managed it can negatively affect the economy of the country.
“It has to be noted that, the presence of vagrants in the central business district especially close to hotels as is the case at Monomotapa Hotel has negative effects on tourism and the right to safe movement of the public.”
The Vagrancy Act [Chapter 10:25] defines a vagrant as any person with no settled or fixed place of abode or means of support, who wanders from place-to-place and maintains themselves by begging or through dishonest or disreputable means.
