Latest News Editor's Choice


News / National

Government of Zimbabwe remains silent as land dispute affects more than 800 families close to Harare

by Nevison Mpofu
2 hrs ago | Views
There are more than 800 families who are being disadvantaged of their right and privilege to own land in Zimbabwe by an individual who is not even resident in Zimbabwe but stays in Canada. Bulawayo24.com has investigated such a scum in the midst of high economic challenges.
Thousands of people are currently living in fear of a foreign based land developer who is threatening to drive off the 800 hectare farm more than 800 families constitutionally resettled in 2000 at the height of land reform program.

Nicholas Nyandoro a once prominent share-holder of many companies to mention one of his companies Warwick Shares [Private] [Limited] has since 2019 strived on to evict families now almost struggling through courts to over-come threats of evictions and demolitions.

Hundreds of families on a hot spotted farm currently in anger living 30kms from the city of Harare to the west close to Lake Chibero are almost breaking through violent threats of evictions and demolitions from a Zimbabwean foreign resident who has development desires back in his home country. This has taken heights with the media, concerned Harare residents and ZANU PF supporters, yet responsible authorities take a back seat on the hot ensuing case.

Background of the farm...

Nicholas Nyandoro claims he bought the farm in 2003 after the farm was put on gazette constitutionally 1st September 2000. According to the Chairman of Warwick farm Clatyon Ndabaningi Matinyenya who represents affected families, Nyandoro the accused to the case is fighting through courts to evict and institute un-constitutional demolitions, thereby reversing gains of the land reform program of 2000.

" It means then they were selling each other state land. This land was constitutionally gazetted , meaning it belongs to the state .Why then is it that Nyandoro is still claiming to be owner of the farm. Still how could this be a deal transacted in 2003 three years after it was constitutionally put on gazette? It means then someone or some other people are being involved in this dirty deal". Matinyenya pointed out.

Residents currently have been living on the farm since 2000. What disturbs is the fact that they still have no offer-letters. These people pushed on for some time until a certain time in 2019 the then Minister of Lands and Resettlements Douglas Mombeshora gave instruction that Warwick farm settlers must be given offer letters since they were constitutionally settled under the land reform program.

"We have no offer letters and tittle deeds. We have been working hard to get all these offer letters and deeds but we received no responses at all. In 2019 the then Minister of Lands and Resettlements.... Douglas Mombeshora gave instruction that Warwick settlers be given offer letters since they were settled under the Land Reform Program."

"Mashonaland West Provincial office of Lands in Chinhoyi was instructed by the Minister Douglas Mombeshora in 2019. However the office never responded to us. It tells a lot to us that there are people who are against the decision made by the former Minister.

"They have interests in Warwick Share [Private] [Limited] Nicholas Nyandoro is one of the Directors of this company which took its name from the farm. The farm is registered under Warwick farm. The farm was called Warwick over the past years. The deed NUMBER still is the one of 1986..... Jonathan Samkange has this deal. He was the Lawyer of this company and he represented Warwick Shares [Private] Limited] since 2008. Now their Law firm is Chigwande Legal Practitioners. Jonathan Samkange was at the same time Director of Warwick Shares [Private] [Limited] . How come then is this not a deal? This was settled down by people who had interests on the farm", Chairman Matinyanya said.

Ministry of Lands and resettlements Marias Dzinoreva Director of Acquisitions by then in his affidavit which he wrote in 2013 elucidated to court that Warwick Farm was wholly indigenously owned at time of acquisition in 2000 yet it was by then white owned farm. His affidavit was used in the application that was made by Warwick Shares [PVT] [LTD] at the high court to up-lift endorsements on tittle deeds REF-DEED Number 3919/86.

[1] There was a default judgment on 25 November 2013 at High Court - Case No  10098/13. Respondents in the matter Minister of Lands and Resettlements and Register of Deeds respondents cited in the matter and it was ordered that 2nd respondent was ordered to uplift and cause removal endorsements on Deed of Transfer No 3919/86 in favor of applicant.
2] That property under deeds of transfer 3919/86 be and is here-by declared private land. In 2014 the farm was re-gazette by the Government. After being on gazette, Warwick Shares [Private] [Limited] initiated another court process after realizing 2013 was superseded by events.

In 2018 Warwick Shares [Private] [Limited] made another application at high court in which it cited Ministry of Lands and Resettlements as respondent. In that application they applied for de-listing of Warwick farm. They obtained another default judgment in favor of the applicant.
1]….. It was ordered the listing for acquisition by the respondent in - terms of Government notice 228/14 be and is here-by declared null and void .

[2] The respondent is hereby ordered to de-list Warwick farm. It was then when Warwick Shares [Private] [Limited] started to hurl anger, threatening to evict settlers of Warwick Farm from 2019.

"Since that time in 2019, we have been living under threats of evictions and demolitions " echoed Chairman Matinyanya .

Section 72[4] and 290 of the Zimbabwe Constitution is on settlers side. What-ever processes done by Warwick Shares [Private] [Limited] was in-validation of the constitution. The constitution is supreme of Zimbabwe and any Law, practice, custom or contact in-consistent with it is invalid to the extent of inconsistence. The obligations imposed by constitution are binding on every person, natural or juristic including the state and all Executive, Legislative, Judicial institutions and agencies of the Government at every level and most be fulfilled.

Source - Nevison Mpofu