News / National
Relief as High Court reverses Masvingo evictions
19 Aug 2024 at 11:20hrs | Views
The High Court has overturned the conviction of 16 villagers who were previously found guilty of illegally occupying gazetted land in Masvingo.
The original conviction, handed down by Magistrate Ivy Jawona on February 7, involved a three-month prison sentence, suspended for five years, and an order for the villagers to vacate the land within seven days.
Following their conviction, the villagers, represented by lawyers Phillip Shumba and Isabel Moyo, appealed the decision and sought to stay their eviction.
The appeal argued that the conviction and sentence were erroneous, citing that the Gazetted Land (Consequential Provisions) Act infringed on their constitutional right to protection from arbitrary eviction.
The High Court, comprising Justices Garainesu Mawadze and Sunsley Zisengwe, agreed with the appeal.
The judges quashed the original conviction and set aside the sentence and eviction order, ruling that the villagers had been prosecuted under the wrong legal provisions. They also indicated that the Prosecutor-General could pursue the matter under the appropriate law if desired.
The original conviction, handed down by Magistrate Ivy Jawona on February 7, involved a three-month prison sentence, suspended for five years, and an order for the villagers to vacate the land within seven days.
Following their conviction, the villagers, represented by lawyers Phillip Shumba and Isabel Moyo, appealed the decision and sought to stay their eviction.
The appeal argued that the conviction and sentence were erroneous, citing that the Gazetted Land (Consequential Provisions) Act infringed on their constitutional right to protection from arbitrary eviction.
The High Court, comprising Justices Garainesu Mawadze and Sunsley Zisengwe, agreed with the appeal.
The judges quashed the original conviction and set aside the sentence and eviction order, ruling that the villagers had been prosecuted under the wrong legal provisions. They also indicated that the Prosecutor-General could pursue the matter under the appropriate law if desired.
Source - newsday
