News / National
Mugabe's chief resolves to attach whiteman farmer's property
02 Mar 2013 at 04:35hrs | Views
Mashonaland Central traditional leader Chief Negomo, Mr Luscious Chitsinde, has resolved to attach property belonging to Tavydale Farm owner Mr Pip Mattison for failing to pay compensation to farmers who had their crops destroyed in a land dispute.
The commercial farmer destroyed 300 hectares of maize crop belonging to 55 A1 farmers at the height of the dispute.
The chief had in January ordered Mr Mattison to pay US$1,1 million which he said was equivalent to the cost of inputs the farmers had used for the crop.
Chief Negomo gave Mr Mattison up to February 23 2013 to pay compensation in a default judgment.
Mr Mattison had refused to attend the traditional court arguing that it had no jurisdiction over the case.
Chief Negomo's spokesperson Mr Dougmore Chimukoko confirmed the development yesterday.
"The Chief's court had given Mattison up to February 23 to pay compensation but he failed to do that within the given time.
"We are now preparing papers to go and attach property with the equivalent value of the money he was ordered to pay," said Mr Chimukoko.
He said a messenger of the traditional leader's court would soon be dispatched to attach the property.
The development comes as Mr Mattison's lawyer, Mr Tich Muhonde is struggling to get a copy of the judgment.
Mr Muhonde said he went to Chief Negomo's traditional court to make a request of the judgment so that he could use it to challenge the jurisdiction of the chief before a Bindura provincial magistrate.
The lawyer had filed papers at Bindura magistrate court challenging the authority of Chief Negomo to hear the land case.
"I went to Chief Negomo's traditional court with a request to get a judgment.
"The magistrate at Bindura wants to have sight of the judgment before he can make a determination on our application.
"Our view is that the failure by the Chief to furnish us with the judgment is a violation of our client's right to justice," said Mr Muhonde.
Asked if that meant the judgment by Chief Negomo stood in the absence of a higher court setting it aside, Mr Muhonde said the order was a nullity.
"It just means that there is a stalemate.
"The judgment is a nullity because he has no authority to hear a land case," he said.
Lands and Rural Resettlement Minister Herbert Murerwa has since said Tavydale Farm was protected under the Bilateral Investment Promotion Agreement and thereby the property would not be acquired for resettlement.
He said the 55 A1 farmers, who are valid holders of offer letters signed by the District Administrator would be given alternative land.
In addition to the US$1,1 million, Chief Negomo ordered Mr Mattison to pay two head of cattle, three goats, two sheep, a cock and a 10-metre cloth for cleansing purposes.
The commercial farmer destroyed 300 hectares of maize crop belonging to 55 A1 farmers at the height of the dispute.
The chief had in January ordered Mr Mattison to pay US$1,1 million which he said was equivalent to the cost of inputs the farmers had used for the crop.
Chief Negomo gave Mr Mattison up to February 23 2013 to pay compensation in a default judgment.
Mr Mattison had refused to attend the traditional court arguing that it had no jurisdiction over the case.
Chief Negomo's spokesperson Mr Dougmore Chimukoko confirmed the development yesterday.
"The Chief's court had given Mattison up to February 23 to pay compensation but he failed to do that within the given time.
"We are now preparing papers to go and attach property with the equivalent value of the money he was ordered to pay," said Mr Chimukoko.
He said a messenger of the traditional leader's court would soon be dispatched to attach the property.
The development comes as Mr Mattison's lawyer, Mr Tich Muhonde is struggling to get a copy of the judgment.
Mr Muhonde said he went to Chief Negomo's traditional court to make a request of the judgment so that he could use it to challenge the jurisdiction of the chief before a Bindura provincial magistrate.
The lawyer had filed papers at Bindura magistrate court challenging the authority of Chief Negomo to hear the land case.
"I went to Chief Negomo's traditional court with a request to get a judgment.
"The magistrate at Bindura wants to have sight of the judgment before he can make a determination on our application.
"Our view is that the failure by the Chief to furnish us with the judgment is a violation of our client's right to justice," said Mr Muhonde.
Asked if that meant the judgment by Chief Negomo stood in the absence of a higher court setting it aside, Mr Muhonde said the order was a nullity.
"It just means that there is a stalemate.
"The judgment is a nullity because he has no authority to hear a land case," he said.
Lands and Rural Resettlement Minister Herbert Murerwa has since said Tavydale Farm was protected under the Bilateral Investment Promotion Agreement and thereby the property would not be acquired for resettlement.
He said the 55 A1 farmers, who are valid holders of offer letters signed by the District Administrator would be given alternative land.
In addition to the US$1,1 million, Chief Negomo ordered Mr Mattison to pay two head of cattle, three goats, two sheep, a cock and a 10-metre cloth for cleansing purposes.
Source - TH
