High Court stops eviction of 65 families in Umguza

The Bulawayo High Court has temporarily halted the eviction and demolition of homes belonging to more than 65 families in Makwati Village, Umguza District, offering relief to villagers who faced the prospect of losing homes they have occupied for more than two decades.

The families were facing eviction after Kalimba Investments obtained a court order authorising the demolition of houses, arguing that the villagers were illegally occupying land leased by the company.

However, the villagers, represented by lawyers Bruce Masamvu and Blessed Mupatsi of Masamvu, Da-Silva Law Chambers, approached the High Court on an urgent basis seeking protection from the evictions.

The villagers argued that they do not occupy the land leased to Kalimba Investments, maintaining instead that they reside in Makwati Village, which they say lies outside the disputed farm boundaries.

In his ruling, Mphokiseng Dube described the matter as sensitive and said the applicants had presented a compelling case requiring urgent consideration.

"The applicants have made a case warranting a hearing," ruled Justice Dube, effectively suspending the planned demolitions and evictions pending the finalisation of the case.

The court granted a provisional order allowing the families to remain at their homesteads until the matter is fully heard.

In their application, the villagers' legal representatives argued that proceeding with the evictions before a full hearing would expose the affected families to severe hardship and irreversible harm.

"The respondents obtained an eviction order, which gives Kalimba Investments permission to destroy the applicants' homes. The applicants have no alternative place to stay and have nowhere to relocate to. They will suffer irreparable harm and prejudice if execution proceeds, as they will not only be evicted, but their houses and homes of over two decades will be demolished," part of the application reads.

Kalimba Investments, represented by lawyer Josphat Tshuma, holds a lease agreement with Agricultural and Rural Development Authority (ARDA), which owns the land at the centre of the dispute.

The villagers continue to insist that they are not occupying the leased property and say they have lawfully resided in Makwati Village for more than 20 years.

The matter is expected to return to court for a full hearing.