Plot holders battle eviction

A group of plot holders in Irene Township, Mutasa district, Manicaland province, is fighting to stop their eviction from land they say they legally purchased shortly after Zimbabwe's independence.

The dispute pits the plot holders - many of them pensioners - against land developer Ferro Consulting of Zimbabwe, which claims ownership of the remaining portion of the farm where the plots are located. Ferro Consulting acquired the remainder of the farm in 1999 and asserts legal title over seven of the occupied plots.

The case escalated when the matter reached the High Court, which in December 2024 ruled that the plot holders must pay development-related costs to Ferro Consulting. These costs include endowment fees, capital gains tax, conveyancing, stand duty, rates, and other charges. The court also directed that portions of their land be ceded to the company to account for these expenses.

Ferro Consulting has described the plot holders as illegal settlers who allegedly erected structures on the land without its consent. Acting on this basis, the Sheriff of Zimbabwe issued a writ of eviction on June 5, 2025, prompting panic among the affected families.

In response, the plot holders filed an urgent court application on June 11 seeking a stay of execution of the eviction order. Their legal representative, Didymus Kubaira, is arguing that the writ was issued prematurely and without due notice.

 "The writ of ejectment ought to have been issued on or after July 23, 2025, accounting for the 10-day rectification period and the three-month notice period," Kubaira argued in his founding affidavit dated June 20.

 "Since the writ was issued prematurely - before that time-frame had expired - it is irregular and cannot be executed. This, in itself, warrants proceedings to be stayed."

Kubaira also criticised Ferro Consulting's conduct, stating that no notice to vacate had been issued and accusing the company of trying to intimidate the applicants.

 "The first respondent appears impatient and resolute in its desire to remove the applicants from the premises they occupy," he said.

The applicants, led by Mathias Siyapi, include Michael Roy Sengurai, Wilson Kuziva Mhasho, Charles Mokosera, Mike Chitewere, and Innocent Makaya. The respondents listed in the urgent application are Ferro Consulting, Mutasa Rural District Council, and the Sheriff of Zimbabwe.

Kubaira argued that the applicants had fully paid for their plots and held valid agreements of sale, which negates the claim that they are illegal settlers.

 "It would be unjust to allow applicants to be ejected from plots they fully paid for and upon which they erected premises, without being granted the opportunity to make presentations as they intend to do," Kubaira submitted.

He added that the outcome of their pending application in case HCH2732/25 could reactivate the broader land dispute, and any eviction before its resolution would undermine the court's authority.

 "To ensure this court's authority is not rendered brutum fulmen [an empty threat], the consent judgment's execution must be stayed pending that outcome," he argued.

The matter remains pending in the High Court, with the fate of the affected families hanging in the balance.