TONDERAI SAHARO
The High court Judge, Justice Garainesu Mawadze has reserved judgment in an urgent chamber application by opposition politician, Patrick Cheza, seeking to stop the Lands Ministry evicting him from a 125 hectare farm in Chirumanzu District.
Cheza, a businessman and politician has been occupying Subdivision S/D 43 farm measuring 125 hectares in Mahamara area since 2018, and has religiously paid lease rental and development fees fulfilling all statutory obligations required for lawful occupation.
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 Practitioners, Cheza contends 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 herds 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 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 occupied the farms after the government gazetted the farm that once belonged to Garainesu Shoko.
“Part of the farm that belonged to Garainesu Shoko was later 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.
However, Permanent secretary in the ministry of lands Professor Obert Jiri, through his lawyer Angela Zipiti said Cheza never had an offer letter from the allocating authority who is the Minister of Lands.
She said the minister now wants to lawfully allocate the same piece of land to another individual.
Asked by Justice Mawadze if Cheza was not an ideal candidate to be lawfully allocated the said piece of land since he has been in occupation for seven years and doing sterling farming activities
The lawyer said Cheza was an ideal candidate to be lawfully allocated the piece of land and be on top of the list of prospective land seekers.
According to court papers, Midlands Provincial Affairs Minister Owen Ncube was also cited together with lands officers Midlands Province and Chirumhanzu Rural District Council as respondents 2,3 and 4.
They were all represented by state lawyer Zipiti during the hearing.
