News / National
Zanu-PF chef sued for fraudulent acquisition of land
17 Oct 2015 at 10:03hrs | Views
Residents at Caledonia Farm have sued Deputy Minister of Agriculture, Mechanisation and Irrigation Development Paddington Zhanda at the High Court, accusing him of fraudulently taking over the disputed land in a bid to dupe the Government and to block the land's compulsory acquisition for urban resettlement.
Deputy Minister Zhanda, according to the papers, is the new director of Caledonia Enterprises Pvt Ltd, which was formerly owned by a white family.
The company owns Lot 1 of Caledonia Farm that measures 297 hectares and it has successfully sought the eviction of the families who had been occupying the land.
This was after Government that had gazetted the land for compulsory acquisition, made a U-turn and withdrew the acquisition upon realising that Zhanda was now the new director of Caledonia Enterprises.
That resulted in the firm obtaining an eviction order against some 1 450 families who had been allocated stands on the farm.
For that reason, the residents have filed an application for rescission of the default order arguing that the court should hear the residents' side of the story before evicting the families.
Advocate Sylvester Hashiti instructed by Mr Vote Muza of Muza and Nyapadi law firm, are representing the residents.
In a founding affidavit by the residents' representative Mr Bernard Meki, it was submitted that Zhanda had connived with the white family to fraudulently protect the farm from compulsory acquisition.
"In summary, the facts of the fraud are that, the first respondent one Paddy Zhanda has never been an owner of the property in question. The clear dossier with a chronology of events is attached hereto for ease of reference.
"It is clear in the application granted by this court in HC 4167/15, that the land, Caledonia Farm was gazetted for compulsory acquisition in 2013. This land was owned by a white family as appears from the deed of title annexed hereto.
"Paddy Zhanda having realised that the farm was up for compulsory acquisition convinced the white farm owners to appoint him as a director in the company that owned the farm. This was done a month before the gazette publication.
"The minister of lands withdrew the section eight notice simply on the basis that Zhanda was now a director in the company owning the land. This was a clear ruse to evade the clear acquisition provisions in the law and a fraud was perpetrated against the state," he said.
Mr Meki said the deputy minister claims to be a shareholder in a company that owns the farm, when there was no proof that he had purchased it.
"There is no evidence of him ever purchasing the company that owns the farm by way of Issuance of :
i. a new certificate of no present interest,
ii. Council rates clearances,
iii. An agreement of sale for purchase of either the shares or the property held thereunder,
iv. Zimra Capital gains payments and receipts and invoices,
v. Any purchase consideration exchanging hands."
The residents argued that there was collusion between Zhanda and the Ministry of Lands officials in the reversal of the compulsory acquisition.
"Zhanda conveniently appeared on the CR14 exactly a month before the finalisation of the acquisition process. There is in the circumstances clear collusion between the Ministry of Lands officials and the respondents in an attempt to defeat the due process of law.
"In the circumstances, the above facts were withheld from the court in an attempt at deceiving to confirm ownership which is in doubt and fraudulently obtained.
To that end the matter must be fully ventilated and thoroughly argued before the court in the presence of all interested parties in the matter," said Mr Meki.
The residents argued that the land was gazetted in 2013 and confirmed in May 2014.
Former Local Government Minister Ignatius Chombo, according to the papers, then allocated the land to various groups of home-seekers.
Meanwhile, High Court judge Justice Happias Zhou will next week hear a separate urgent chamber application by the residents in which they are seeking an order restoring their occupancy of the land and to bar the police and Sheriff from interfering with their stay.
Deputy Minister Zhanda, according to the papers, is the new director of Caledonia Enterprises Pvt Ltd, which was formerly owned by a white family.
The company owns Lot 1 of Caledonia Farm that measures 297 hectares and it has successfully sought the eviction of the families who had been occupying the land.
This was after Government that had gazetted the land for compulsory acquisition, made a U-turn and withdrew the acquisition upon realising that Zhanda was now the new director of Caledonia Enterprises.
That resulted in the firm obtaining an eviction order against some 1 450 families who had been allocated stands on the farm.
For that reason, the residents have filed an application for rescission of the default order arguing that the court should hear the residents' side of the story before evicting the families.
Advocate Sylvester Hashiti instructed by Mr Vote Muza of Muza and Nyapadi law firm, are representing the residents.
In a founding affidavit by the residents' representative Mr Bernard Meki, it was submitted that Zhanda had connived with the white family to fraudulently protect the farm from compulsory acquisition.
"In summary, the facts of the fraud are that, the first respondent one Paddy Zhanda has never been an owner of the property in question. The clear dossier with a chronology of events is attached hereto for ease of reference.
"It is clear in the application granted by this court in HC 4167/15, that the land, Caledonia Farm was gazetted for compulsory acquisition in 2013. This land was owned by a white family as appears from the deed of title annexed hereto.
"Paddy Zhanda having realised that the farm was up for compulsory acquisition convinced the white farm owners to appoint him as a director in the company that owned the farm. This was done a month before the gazette publication.
"The minister of lands withdrew the section eight notice simply on the basis that Zhanda was now a director in the company owning the land. This was a clear ruse to evade the clear acquisition provisions in the law and a fraud was perpetrated against the state," he said.
Mr Meki said the deputy minister claims to be a shareholder in a company that owns the farm, when there was no proof that he had purchased it.
i. a new certificate of no present interest,
ii. Council rates clearances,
iii. An agreement of sale for purchase of either the shares or the property held thereunder,
iv. Zimra Capital gains payments and receipts and invoices,
v. Any purchase consideration exchanging hands."
The residents argued that there was collusion between Zhanda and the Ministry of Lands officials in the reversal of the compulsory acquisition.
"Zhanda conveniently appeared on the CR14 exactly a month before the finalisation of the acquisition process. There is in the circumstances clear collusion between the Ministry of Lands officials and the respondents in an attempt to defeat the due process of law.
"In the circumstances, the above facts were withheld from the court in an attempt at deceiving to confirm ownership which is in doubt and fraudulently obtained.
To that end the matter must be fully ventilated and thoroughly argued before the court in the presence of all interested parties in the matter," said Mr Meki.
The residents argued that the land was gazetted in 2013 and confirmed in May 2014.
Former Local Government Minister Ignatius Chombo, according to the papers, then allocated the land to various groups of home-seekers.
Meanwhile, High Court judge Justice Happias Zhou will next week hear a separate urgent chamber application by the residents in which they are seeking an order restoring their occupancy of the land and to bar the police and Sheriff from interfering with their stay.
Source - the herald
