MARTIN MAWAYA
GWERU-Wealthy ex-diasporean, businessman, politician and farmer Patrick Cheza has lodged an urgent chamber application with the High Court to bar the Lands Ministry from taking his farm.
In his court application, Cheza said he was allocated Subdivision S/D 43 farm measuring 125 hectares in Mahamara area in 2018, through a confirmation land occupation letter from the Ministry of Lands through District lands officers in Mvuma.
Since then, he has been fulfilling all statutory obligations required for lawful acquisition of the farm.
However, on February 13, lands officials led by one Chitavati from Mvuma offices started re-pegging the farm without notifying or divulging the reasons for the move.
Through his legal counsel Nyasha Maguranyanga of Mutendi, Mudisi and Shumba Legal Practioners, Cheza contend that the Lands Ministry (1st Respondent)’s action was akin to illegal invasion.
“The Application has a prima facie case more particularly in that, he has a confirmation of land occupation in his name, he has paid up all statutory requirements and the process by the 1st Respondent is unprocedural.
“It is prima facie, from the Urgent Application made by the Applicant that the 1st Respondent took the law into his hands and as such the matter requires urgent attention of this Honourable court,” reads the court application.
The senior opposition politician told the court that he has invested huge sums of money into the farm and the magnitude of the operations are big hence cannot be interfered with without due process.
“To date I have injected capital amounting to almost US$ 200 000 (two hundred united States dollars) as the farm engages in cattle ranching with 105 herd of cattle, 136 goats, 56 sheep and I have constructed staff quarters for employees who are over 50 in number,” he said.
He added that he had sunk two solar powered boreholes and erected a viable solar system to power the farm.
He said the re-pegging of his farm on February 13, 2024 and subsequently sub-dividing it raised eyebrows as the neighbouring farms “are unaffected despite the fact that the farms were acquired under the same circumstances”.
He further told the court that together with his neighbors, they acquired the farms after the government gazzetted the farm that was once belonging to Garainesu Shoko.
“Part of the farm that belonged to Garainesu Shoko was latter subdivided and allocated to 61 other farmers, with the same sizes. None of those other 61 beneficiaries were ever affected in the same manner as I am about to be affected.
“It also boggles one’s mind as to how the 1st Respondent would want to subdivide such a farm with huge agricultural projects that are in operation,” queried Cheza.
There are also reports suggesting that senior government officials, under pressure from political superiors in the ruling ZANU PF party, intend to repossess Cheza’s farm and allocate it to members of the Joint Operations Command (JOC) whose names are kept in a tight lid.
“We have been directed to show the pegs according to the new plan to four individuals whom our superiors refused to divulge their names or show us their offer letters as required by law citing security reasons.
“Its an order from our Senior officials in the province to re-allocate the farm and we only do as instructed despite the fact that the farm was allocated to Cheza by the same ministry. There is production and huge investment,” some senior government officials revealed.
However, Permanent secretary in the ministry of lands Professor Obert Jiri said Cheza never had an offer letter from the allocating authority who is the Minister of Lands.
He said the “farm was allocated to fellow Zimbabweans who were on our waiting list”.
“He was never officially allocated by Government and as the State we are not liable to pay compensation,” he said.
The eye witnesses at the farm, told The Midweek Watch that the security commandos visited the farm on Friday 16, to be shown the plots.
“The commandos were shocked that they are being allocated sub-divided plots at a well developed and productive farm,” said Tanya one of the employees at the farm.
He said in a movie style, the security commandos removed the army vehicle number plates before they had hurriedly shown the pegs of the plots and disappeared.
Meanwhile, ZANU PF Midlands Province information desk, also confirmed the seizure of Cheza’s farm.
“The Midlands Information Desk desires to inform the general populace that Midlands Province recently took away tracts of agricultural land from Mr Patrick Cheza in Chirumhanzu South Constituency where he was illegally settled without the appropriate documentation,” reads the statement.
According to court papers, Midlands Provincial Affairs Minister Owen Ncube was cited together with lands officers Midlands Province and Chirumhanzu Rural District Council as respondents 2,3 and 4.
The matter is set for set down on Tuesday at 14:15pm at the High court.
