Church takes Mugabe to court over farm

The Trustees of the Reformed Church in Zimbabwe (RCZ) has taken President Robert Mugabe and Lands minister Douglas Mombeshora to the High Court seeking the upliftment of a caveat placed on the church's land in Masvingo which was acquired by the government through the land reform programme.

Through its general secretary Charles Juro, the church said its 428, 2590 hectares Riebeek Farm was compulsorily acquired in 2001.

In his founding affidavit, Juro said the church was seeking the removal of the caveat, to enable it to build a university on its farm which was unlawfully acquired by the government.

Juro also argued when the government took over the land, it placed two caveats, namely number XN110/2001 and XN96/2001, but did not publish a preliminary notice in the Government Gazette as is required by-law, a move which was unlawful.

But, his averments were dismissed by Mombeshora who, in his affidavit, confirmed the government erred in compulsorily acquiring the farm as it was indigenously owned, but the same had been published in a preliminary Gazette.

"The second respondent (Lands minister) did publish a Government Gazette on June 15, 2001 under General Notice 307 of 2001. However, the same has since expired subsequently leaving the farm in question not acquired. The land is indigenously owned by a church," Mombeshora said.

The minister said it had been the policy of the State since inception of the land reform that in the late 1990s rural agriculture land owned by indigenous persons would not, whenever possible, be acquired for purposes of resettlement as this would defeat the spirit and purpose of the exercise.

"It was not possible in all cases to determine whether any such land was indigenously owned, or where it was possible to do so to determine that such ownership was bona fide. Consequently, such land was then acquired in error in violation of the policy aforesaid," Mombeshora said.

The minister said he was not opposed to the order being sought by the church. The matter is set to be heard today.