News / National
High Court blocks eviction of Heany Junction Farm settlers
12 Dec 2020 at 06:54hrs | Views
MORE than 100 families occupying Heany Junction Farm in Umguza district, Matabeleland North got a reprieve after the High Court temporarily blocked the Zimbabwe National Army (ZNA) from evicting them without a court order.
The villagers faced eviction from the farm after ZNA argued that the villagers are not supposed to live within a two-kilometre radius of barracks.
The farm is situated adjacent to ZNA Imbizo barracks in Umguza district. The ruling by Bulawayo High Court judge Justice Evangelista Kabasa followed an urgent chamber application by four villagers challenging their eviction from the farm and demolition of their homes by ZNA.
In papers before the court, Messrs Leo Ndiweni, Gibson Mpofu, Dumisani Mathuthu and Freedom Ndlovu, who are part of the occupiers of the farm, cited Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri, Lands, Agriculture, Water and Rural Resettlement Minister Dr Anxious Jongwe Masuka and Umguza Rural District Councils, as respondents.
The applicants, who are being represented by Sengweni Legal Practice, sought an order interdicting the respondents from evicting them from Heany Junction Farm and demolishing their homesteads without a court order.
Justice Kabasa ruled that the action by Minister Muchinguri-Kashiri, who was cited as the first respondent, was unlawful.
"It is ordered that pending the finalisation of this matter, applicants are hereby granted the relief sought. First respondent be and hereby interdicted from evicting applicants from Heany Junction Farm in Umguza without a lawful court order," ruled the judge.
"First respondent be and hereby interdicted from demolishing houses belonging to the applicants without a court order."
In his founding affidavit, Mr Ndiweni said he and other applicants have been legally settled at Heany Junction Farm since January 2000 and built permanent homes.
"Sometime in 2000, the second respondent (Lands, Agriculture, Water and Rural Resettlement Minister) gazetted land at Heany Junction Farm in Umguza district for resettlement and villagisation. Pursuant to that, a number of villages were formed under Ward 2 in Umguza district and we were allocated pieces of land in the farm," he said.
"I was allocated a piece of land in 2000 and a certificate of occupation was issued by the third respondent (Umguza RDC). Since then, I have been in occupation of this place undisturbed under village head Phenias Ndlovu."
He said adjacent to their village lies Imbizo Barracks. Mr Ndiweni said when the Minister of Lands, Agriculture, Water and Rural Resettlement gazetted the land for resettlement, ZNA had already established its camp in the area and no objections were raised.
"In fact, we have co-existed with ZNA members peacefully for the past 20 years until November 16, 2020 when our village head called a meeting. He advised us that one Colonel Mhandu who is commander of Imbizo Barracks had a meeting with all local village heads and instructed them to vacate the land failure of which our homes would be demolished," said Mr Ndiweni.
The villagers said the basis of their application hinged on the fact that ZNA wanted to evict them illegally.
"I must hasten to state that, assuming without conceding, that even if the land in question belongs to the Defence Ministry, first respondent cannot use force as it intends by evicting us without a court order," argued the villagers.
The villagers said they were in occupation of the farm by virtue of certificates of occupation granted by the Lands, Agriculture, Water and Rural Resettlement Minister and Umguza RDC.
"I submit that this matter is urgent and I do not have any other remedy serve for approaching this court for relief. We tried to approach the Umguza RDC and the Minister of State for Matabeleland North (Richard Moyo) for redress, but we were directed to this court," said
The villagers faced eviction from the farm after ZNA argued that the villagers are not supposed to live within a two-kilometre radius of barracks.
The farm is situated adjacent to ZNA Imbizo barracks in Umguza district. The ruling by Bulawayo High Court judge Justice Evangelista Kabasa followed an urgent chamber application by four villagers challenging their eviction from the farm and demolition of their homes by ZNA.
In papers before the court, Messrs Leo Ndiweni, Gibson Mpofu, Dumisani Mathuthu and Freedom Ndlovu, who are part of the occupiers of the farm, cited Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri, Lands, Agriculture, Water and Rural Resettlement Minister Dr Anxious Jongwe Masuka and Umguza Rural District Councils, as respondents.
The applicants, who are being represented by Sengweni Legal Practice, sought an order interdicting the respondents from evicting them from Heany Junction Farm and demolishing their homesteads without a court order.
Justice Kabasa ruled that the action by Minister Muchinguri-Kashiri, who was cited as the first respondent, was unlawful.
"It is ordered that pending the finalisation of this matter, applicants are hereby granted the relief sought. First respondent be and hereby interdicted from evicting applicants from Heany Junction Farm in Umguza without a lawful court order," ruled the judge.
"First respondent be and hereby interdicted from demolishing houses belonging to the applicants without a court order."
In his founding affidavit, Mr Ndiweni said he and other applicants have been legally settled at Heany Junction Farm since January 2000 and built permanent homes.
"Sometime in 2000, the second respondent (Lands, Agriculture, Water and Rural Resettlement Minister) gazetted land at Heany Junction Farm in Umguza district for resettlement and villagisation. Pursuant to that, a number of villages were formed under Ward 2 in Umguza district and we were allocated pieces of land in the farm," he said.
"I was allocated a piece of land in 2000 and a certificate of occupation was issued by the third respondent (Umguza RDC). Since then, I have been in occupation of this place undisturbed under village head Phenias Ndlovu."
He said adjacent to their village lies Imbizo Barracks. Mr Ndiweni said when the Minister of Lands, Agriculture, Water and Rural Resettlement gazetted the land for resettlement, ZNA had already established its camp in the area and no objections were raised.
"In fact, we have co-existed with ZNA members peacefully for the past 20 years until November 16, 2020 when our village head called a meeting. He advised us that one Colonel Mhandu who is commander of Imbizo Barracks had a meeting with all local village heads and instructed them to vacate the land failure of which our homes would be demolished," said Mr Ndiweni.
The villagers said the basis of their application hinged on the fact that ZNA wanted to evict them illegally.
"I must hasten to state that, assuming without conceding, that even if the land in question belongs to the Defence Ministry, first respondent cannot use force as it intends by evicting us without a court order," argued the villagers.
The villagers said they were in occupation of the farm by virtue of certificates of occupation granted by the Lands, Agriculture, Water and Rural Resettlement Minister and Umguza RDC.
"I submit that this matter is urgent and I do not have any other remedy serve for approaching this court for relief. We tried to approach the Umguza RDC and the Minister of State for Matabeleland North (Richard Moyo) for redress, but we were directed to this court," said
Source - the herald
