News / National
Ex-presidential aide's sons in land rage
08 Jan 2021 at 20:37hrs | Views
FORMER Deputy Chief Secretary in the Office of the President and Cabinet, Justin Mupamhanga's sons have been taken to court for destroying at least eight hectares of a maize crop belonging to their neighbour, Soul Gomwe in a farm boundary dispute in Mashonaland Central province.
The two farmers have been embroiled in a fierce boundary dispute since 2002 with Mupamhanga allegedly encroaching into Gomwe's farm.
The dispute later spilled into the High Court after government officials failed to resolve it.
In a matter heard on 21 and 23 July last year, Gomwe, as the applicant, appealed against the Zimbabwe Land Commission's failure to conduct oral hearings at the disputed properties.
In his judgment, Justice Happius Zhou said: "The irregularities arising out of a failure to follow the procedures peremptorily provided for by the law are serious. These irregularities vitiate the proceedings by which the decision was reached.
"Accordingly, the decision cannot stand. It is ordered that (1) the decision of the first respondent made on 2 January 2019 be and is hereby set aside; (2) the matter is to be remitted to the second respondent for a fresh investigation and resolution of the dispute between the applicant and 3rd respondents (Mupamhanga) in accordance with the procedures provided for in terms of the law."
Justice Zhou ruled in Gomwe's favour and ordered Lands minister, the Zimbabwe Land Commission and Mupamhanga to pay costs of the suit.
But on October 9, 2020, Mupamhanga's sons, Kudakwashe and Kudzanayi allegedly hired gangsters and went to part of the disputed piece of land where Gomwe's workers were planting maize.
They allegedly dismantled irrigation pipes and destroyed eight hectares of maize using a tractor drawn disc.
Mupamhanga's sons were arrested and are facing charges of malicious damage to property at the Bindura Magistrates' Court.
The matter is expected to be heard on March 18.
Gomwe's employees were also arrested for threatening to destroy Mupamhanga's tractor, but the matter is yet to be set down for hearing.
The two farmers have been embroiled in a fierce boundary dispute since 2002 with Mupamhanga allegedly encroaching into Gomwe's farm.
The dispute later spilled into the High Court after government officials failed to resolve it.
In a matter heard on 21 and 23 July last year, Gomwe, as the applicant, appealed against the Zimbabwe Land Commission's failure to conduct oral hearings at the disputed properties.
In his judgment, Justice Happius Zhou said: "The irregularities arising out of a failure to follow the procedures peremptorily provided for by the law are serious. These irregularities vitiate the proceedings by which the decision was reached.
"Accordingly, the decision cannot stand. It is ordered that (1) the decision of the first respondent made on 2 January 2019 be and is hereby set aside; (2) the matter is to be remitted to the second respondent for a fresh investigation and resolution of the dispute between the applicant and 3rd respondents (Mupamhanga) in accordance with the procedures provided for in terms of the law."
Justice Zhou ruled in Gomwe's favour and ordered Lands minister, the Zimbabwe Land Commission and Mupamhanga to pay costs of the suit.
But on October 9, 2020, Mupamhanga's sons, Kudakwashe and Kudzanayi allegedly hired gangsters and went to part of the disputed piece of land where Gomwe's workers were planting maize.
They allegedly dismantled irrigation pipes and destroyed eight hectares of maize using a tractor drawn disc.
Mupamhanga's sons were arrested and are facing charges of malicious damage to property at the Bindura Magistrates' Court.
The matter is expected to be heard on March 18.
Gomwe's employees were also arrested for threatening to destroy Mupamhanga's tractor, but the matter is yet to be set down for hearing.
Source - newsday
