News / Regional
Zanu-PF MP kicked out of farm
01 Oct 2015 at 06:33hrs | Views
ZANU-PF Matobo North MP Never Khanye has lost a legal battle in the fight for control of Mhlahlandlela farm which encompasses the Big Cave Camp in Matobo district.
Khanye had filed another court application at the Bulawayo High Court challenging an earlier ruling by Justice Martin Makonese interdicting him from entering Mhlahlandlela Farm following an urgent chamber application by commercial farmer Dave Waddy.
Justice Francis Bere on Monday dismissed Khanye's application and confirmed the order granted by Justice Makonese.
Justice Makonese granted an interim order on January 28, 2015 barring Khanye, the Minister of Lands and Rural Resettlement Douglas Mombeshora and the acting Matobo district lands officer from interfering with Waddy's tourism activities at Mhlahlandlela Farm.
The farm has been at the centre of controversy following an ownership wrangle pitting Waddy and Khanye. Khanye, who was issued with an offer letter by the Ministry of Lands and Rural Resettlement in December last year, sought to evict Waddy from the 692,5 hectare farm.
But Waddy, with the backing of the local community, then filed an urgent chamber application at the Bulawayo High Court challenging his eviction from the farm.
In the court papers, Waddy cited Mombeshora, the Minister of Tourism and Hospitality Industry, Walter Mzembi and Matobo's acting district lands officer only identified as P K Mhlanga as the respondents.
"This is an application for an interdict preventing Khanye, Mombeshora and Mhlanga from interfering with my peaceful possession of a piece of land known as the remaining extent of Mhlahlandlela of Mineral King situated in the district of Matobo," said Waddy in his founding affidavit.
He said the disputed property had been owned by his family for a number of years.
It was originally gazetted for acquisition in June 2001 under the Land Reform programme.
Waddy said the land was later delisted by the local district lands committee based on the fact that it was the only property that his family possessed."It was also noted by the Matobo district lands committee that my family had been giving the local community a great deal of social support over the years," he said.
Waddy said he was approached by Khanye last year who claimed that he had been given an offer letter by the Minister of Lands and Rural Resettlement and ordered him to vacate the farm.
"The description of the property on the offer letter is incorrect. The offer letter states that Khanye is being offered the whole of Mhlahlandlela of Mineral King in Matobo district whereas the correct description is the remainder of the farm. The respondents have clearly made an error as to the extent of the property in question and Khanye's offer letter does not refer to the property that I own," he said.
Waddy was served with a notice to vacate the farm within 45 days in January this year by the district lands committee.
However, he sought Minister Mzembi's assistance who in turn wrote to Lands Minister Douglas Mombeshora pleading with him to reconsider the move to allocate the farm. "I note with dismay that the district lands officer of Matobo district proceeded to issue a notice to vacate to the current owners of Mhlahlandlela farm where the Big Cave/lodge, a thriving tourism facility under my ministry, is located.
"This is in spite of my averments to you Honourable Minister, in a letter of December 16, 2014 that the matter be considered and handled in a manner consistent with the current thrust of national policy on indigenisation and empowerment, which I quoted from the 2015 budget for your ease of reference," wrote Mzembi.
In the February ruling, Justice Makonese said the land was owned by the white farmer.
"It's declared that the piece of land known as the remaining extent of Mhlahlandlela of Mineral King situated in the district of Matobo is owned by the applicant and is not State land. The offer letter issued by the first respondent (Ministry of lands) to the third respondent (Khanye) dated 8th December, 2014 be and is hereby set aside," reads the order.
Following the judgment, Khanye filed another court application at the High Court challenging the decision by Justice Makonese.
"I've an offer letter from the Ministry, I must be the one occupying that farm. As for Mzembi, he's not an acquiring officer, this matter must be handled by the Ministry of Lands. It's the Minister (of lands) who must elaborate further," said Khanye in the court papers.
Khanye had filed another court application at the Bulawayo High Court challenging an earlier ruling by Justice Martin Makonese interdicting him from entering Mhlahlandlela Farm following an urgent chamber application by commercial farmer Dave Waddy.
Justice Francis Bere on Monday dismissed Khanye's application and confirmed the order granted by Justice Makonese.
Justice Makonese granted an interim order on January 28, 2015 barring Khanye, the Minister of Lands and Rural Resettlement Douglas Mombeshora and the acting Matobo district lands officer from interfering with Waddy's tourism activities at Mhlahlandlela Farm.
The farm has been at the centre of controversy following an ownership wrangle pitting Waddy and Khanye. Khanye, who was issued with an offer letter by the Ministry of Lands and Rural Resettlement in December last year, sought to evict Waddy from the 692,5 hectare farm.
But Waddy, with the backing of the local community, then filed an urgent chamber application at the Bulawayo High Court challenging his eviction from the farm.
In the court papers, Waddy cited Mombeshora, the Minister of Tourism and Hospitality Industry, Walter Mzembi and Matobo's acting district lands officer only identified as P K Mhlanga as the respondents.
"This is an application for an interdict preventing Khanye, Mombeshora and Mhlanga from interfering with my peaceful possession of a piece of land known as the remaining extent of Mhlahlandlela of Mineral King situated in the district of Matobo," said Waddy in his founding affidavit.
He said the disputed property had been owned by his family for a number of years.
It was originally gazetted for acquisition in June 2001 under the Land Reform programme.
Waddy said the land was later delisted by the local district lands committee based on the fact that it was the only property that his family possessed."It was also noted by the Matobo district lands committee that my family had been giving the local community a great deal of social support over the years," he said.
Waddy said he was approached by Khanye last year who claimed that he had been given an offer letter by the Minister of Lands and Rural Resettlement and ordered him to vacate the farm.
"The description of the property on the offer letter is incorrect. The offer letter states that Khanye is being offered the whole of Mhlahlandlela of Mineral King in Matobo district whereas the correct description is the remainder of the farm. The respondents have clearly made an error as to the extent of the property in question and Khanye's offer letter does not refer to the property that I own," he said.
Waddy was served with a notice to vacate the farm within 45 days in January this year by the district lands committee.
However, he sought Minister Mzembi's assistance who in turn wrote to Lands Minister Douglas Mombeshora pleading with him to reconsider the move to allocate the farm. "I note with dismay that the district lands officer of Matobo district proceeded to issue a notice to vacate to the current owners of Mhlahlandlela farm where the Big Cave/lodge, a thriving tourism facility under my ministry, is located.
"This is in spite of my averments to you Honourable Minister, in a letter of December 16, 2014 that the matter be considered and handled in a manner consistent with the current thrust of national policy on indigenisation and empowerment, which I quoted from the 2015 budget for your ease of reference," wrote Mzembi.
In the February ruling, Justice Makonese said the land was owned by the white farmer.
"It's declared that the piece of land known as the remaining extent of Mhlahlandlela of Mineral King situated in the district of Matobo is owned by the applicant and is not State land. The offer letter issued by the first respondent (Ministry of lands) to the third respondent (Khanye) dated 8th December, 2014 be and is hereby set aside," reads the order.
Following the judgment, Khanye filed another court application at the High Court challenging the decision by Justice Makonese.
"I've an offer letter from the Ministry, I must be the one occupying that farm. As for Mzembi, he's not an acquiring officer, this matter must be handled by the Ministry of Lands. It's the Minister (of lands) who must elaborate further," said Khanye in the court papers.
Source - chronicle
