News / National
Ex-Zimbabwe Minister sues over farm eviction
08 Sep 2023 at 01:39hrs | Views
FORMER Co-Minister of National Healing and Integration, Moses Mzila Ndlovu who is facing eviction from his farm in Matobo District, Matabeleland South Province which he claimed he has occupied for the past 19 years has approached the court challenging the eviction.
In his application filed at the Bulawayo High Court under case number 1760/23 Ndlovu cited Matobo District Lands officer Johanes Zifudze as the first respondent, the Secretary in the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development as the second respondent, the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development, as the third respondent and Officer-in-Charge of Zimbabwe Republic Police-Figtree and the Officer Commanding Zimbabwe Republic Police Matabeleland South as the fourth and fifth respondents respectively.
He also cited the Surveyor General and the Sheriff of Zimbabwe as the sixth and seventh respondents.
In his papers Ndlovu stated that he has been in beneficial occupation, use and control of Khami Magazine Farm measuring 360, 3163 hectares and situated in Matobo district since 2004.
According to the application the farm was by Deed of Grant, granted by the Queen of the United Kingdom and Northern Ireland to a body corporate going by the name and style of African Explosives and Chemicals Industries (Rhodesia) Limited.
Between 2004 and 2006 the farm found itself under the charge of yet another corporate body, Dyno Nobel Zimbabwe (Private) Limited.
"Since then applicant has enjoyed undisturbed possession, beneficial use and control of the said property until the 11th of August 2023, when the 1st respondent brought in scores of people into the property, occupied by the applicant, to peg and dish out stands to the said persons, as to arbitrarily evict applicant from the use and control of about 200 hectares of the 360 3163 hectare farm," the application reads in part.
He said Zifudze intends to parcel out more of the land that he has peacefully possessed, used, worked for since 2004 to more people as he is set to continue pegging and parcelling out the farm in question.
Ndlovu argued that by doing so Zifudze was exposing him to forcible or arbitrary eviction executed without a court order.
He stated that the country's land reform programme which commenced in 2000 found him already settled on the farm.
"The Zimbabwe land reform programme at its peak found me already settled at the farm having built a fully-fledged homestead there. It had come to my knowledge that such land as a private company was leasing out to me at prohibitive rentals was State land.
"I wrote to the office of the governor Matabeleland South on 12 January 2006 to bring the foregoing revelation to her attention and to protest the corruption and apparent discrimination associated with company officials who had taken charge of the State farm.
"After the company aforementioned had run scared of my protestations, it ceased to demand rentals from me and l remained in the farm," the application read.
Ndlovu further said in June this year, he was visited by Zifudze who advised him that he wanted to peg out pieces of land from his farm.
"In or about the month of June 2023, the 1st respondent, unheralded and therefore without notice, drove into my homestead in a convoy of top of the range unmarked vehicles to advise me that he had decided to peg out pieces of land from the land l had occupied since 2004, so that such land be parcelled out to new beneficiaries, leaving me with my homestead and an out of place remaining portion of land thus surrounding my homestead with new arrivals".
"This was done so that such land be parcelled out to new beneficiaries, leaving me with my homestead in and out of place remaining portion of land thus surrounding my homestead with new arrivals," further read the application.
He said on 11 August, Zifudze presented himself with scores of other persons to begin pegging and parcelling the farm adding that some of the "beneficiaries" were members of the Zimbabwe Republic Police from Figtree under the immediate command of the fourth and fifth respondents.
"Over the Heroes holidays (14-15 August 2023), the people that the 1st respondent has allocated pieces of land obtained by truncating and downsizing the farm aforesaid, began to randomly cut trees and clear the land in readiness for their occupation".
Ndlovu said Zifudze, the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development and its permanent secretary have always been aware of his presence at the farm since 2004 and regarded him as their tenant.
The matter is yet to be set down for hearing.
In his application filed at the Bulawayo High Court under case number 1760/23 Ndlovu cited Matobo District Lands officer Johanes Zifudze as the first respondent, the Secretary in the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development as the second respondent, the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development, as the third respondent and Officer-in-Charge of Zimbabwe Republic Police-Figtree and the Officer Commanding Zimbabwe Republic Police Matabeleland South as the fourth and fifth respondents respectively.
He also cited the Surveyor General and the Sheriff of Zimbabwe as the sixth and seventh respondents.
In his papers Ndlovu stated that he has been in beneficial occupation, use and control of Khami Magazine Farm measuring 360, 3163 hectares and situated in Matobo district since 2004.
According to the application the farm was by Deed of Grant, granted by the Queen of the United Kingdom and Northern Ireland to a body corporate going by the name and style of African Explosives and Chemicals Industries (Rhodesia) Limited.
Between 2004 and 2006 the farm found itself under the charge of yet another corporate body, Dyno Nobel Zimbabwe (Private) Limited.
"Since then applicant has enjoyed undisturbed possession, beneficial use and control of the said property until the 11th of August 2023, when the 1st respondent brought in scores of people into the property, occupied by the applicant, to peg and dish out stands to the said persons, as to arbitrarily evict applicant from the use and control of about 200 hectares of the 360 3163 hectare farm," the application reads in part.
He said Zifudze intends to parcel out more of the land that he has peacefully possessed, used, worked for since 2004 to more people as he is set to continue pegging and parcelling out the farm in question.
Ndlovu argued that by doing so Zifudze was exposing him to forcible or arbitrary eviction executed without a court order.
He stated that the country's land reform programme which commenced in 2000 found him already settled on the farm.
"The Zimbabwe land reform programme at its peak found me already settled at the farm having built a fully-fledged homestead there. It had come to my knowledge that such land as a private company was leasing out to me at prohibitive rentals was State land.
"I wrote to the office of the governor Matabeleland South on 12 January 2006 to bring the foregoing revelation to her attention and to protest the corruption and apparent discrimination associated with company officials who had taken charge of the State farm.
"After the company aforementioned had run scared of my protestations, it ceased to demand rentals from me and l remained in the farm," the application read.
Ndlovu further said in June this year, he was visited by Zifudze who advised him that he wanted to peg out pieces of land from his farm.
"In or about the month of June 2023, the 1st respondent, unheralded and therefore without notice, drove into my homestead in a convoy of top of the range unmarked vehicles to advise me that he had decided to peg out pieces of land from the land l had occupied since 2004, so that such land be parcelled out to new beneficiaries, leaving me with my homestead and an out of place remaining portion of land thus surrounding my homestead with new arrivals".
"This was done so that such land be parcelled out to new beneficiaries, leaving me with my homestead in and out of place remaining portion of land thus surrounding my homestead with new arrivals," further read the application.
He said on 11 August, Zifudze presented himself with scores of other persons to begin pegging and parcelling the farm adding that some of the "beneficiaries" were members of the Zimbabwe Republic Police from Figtree under the immediate command of the fourth and fifth respondents.
"Over the Heroes holidays (14-15 August 2023), the people that the 1st respondent has allocated pieces of land obtained by truncating and downsizing the farm aforesaid, began to randomly cut trees and clear the land in readiness for their occupation".
Ndlovu said Zifudze, the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development and its permanent secretary have always been aware of his presence at the farm since 2004 and regarded him as their tenant.
The matter is yet to be set down for hearing.
Source - B-Metro
