News / Local
Umvutcha farm dispute referred to Constitutional Court
07 Jan 2024 at 12:39hrs | Views
LANDS minister Anxious Masuka has been taken to the Constitutional Court over a raging farm dispute in Umvutcha on the outskirts of Bulawayo.
Farmer Alistair Michael Fletcher (81) is challenging a recent Supreme Court ruling that quashed his application for the government to remove caveats placed on his Umguza Agricultural Lots of Umvutcha and Reigate farms.
The government through the Lands ministry has been accused of using the courts to harass the white commercial farmer by filing criminal charges against him for refusing to vacate gazetted land.
This is despite a High Court order that allowed him to stay at the property.
Bulawayo High Court judge Justice Christopher Dube Banda on June 8 last year ordered Masuka to cancel the caveats 844/200, ZN caveat 26/2017, and caveat 77/2019 endorsed on deed of transfer 3188/83.
He also ruled that the minister must pay the applicant's cost of the suit.
This was after Fletcher filed an application seeking the removal of the caveats placed at the instance of the minister and Robert Njani, a farm invader on his deed of transfer.
In the application, Fletcher cited Masuka, Njani and the registrar of deeds as respondents.
However, Masuka and Njanji lodged an appeal at the Supreme Court challenging the High Court ruling in favour of Fletcher.
The Supreme Court bench of justices Elizabeth Gwaunza, Susan Mavangira and George Chiweshe set aside the High Court ruling.
Fletcher through his lawyers from Masamvu & DA SILVA-GUSTAVO Law Chambers has, however, filed an appeal at the Constitutional Court seeking the nullification of the Supreme Court ruling.
In an appeal filed at the Constitutional Court case number CCZ/23, date stamped at the courts on December 14, 2023, Fletcher cited Masuka, Registrar of Deeds and Njani as respondents respectively.
"This is an application in terms of Rule 32 of the Constitutional Court Rules, 2016, for leave to appeal against the whole judgment of the Supreme Court of Zimbabwe, handed down by Judges of Appeal Gwaunza, Mavangira, and Chiweshe in Bulawayo on November 24, 2023," Fletcher submitted.
"The appeal in SCB 49/23 raised constitutional issues and has the effect of violating applicant's constitutional rights, having been an appeal against Judgment No. HB102/23 (in respect of HCB 2472/22) handed down by the Honorable Justice Dube-Banda in Bulawayo on 8th June 2023 3/168.
"In the aforesaid appeal, constitutional issues arose in respect of section 16B of the former constitution of Zimbabwe, now section 72 of the constitution of Zimbabwe, 2013, particularly whether, the High Court lacks the jurisdiction to determine a court challenge for the removal of caveats placed over urban land designated for residential development purportedly acquired under the guise of an acquisition of agricultural land for resettlement purposes in terms of section 16B of the former constitution."
Fletcher said the Supreme Court violated his right to use, hold and transfer the land in question as well as his right to equal protection by the law as enshrined in section 56 of the constitution.
In his grounds of appeal, Fletcher said the court misdirected itself when it held that the High Court lacked the jurisdiction to preside over the matter.
"Thus, the order of the court a quo violates appellants right to use, hold, transfer and not to be compulsorily deprived of its property a enshrined in section 71 (2) - (3) and his right to equal protection of the law as enshrined in section 56 constitution of Zimbabwe, 2013," Fletcher submitted.
Fletcher submitted that his application has prospects of success in that the land in dispute is urban.
He said the land was zoned part of Bulawayo boundaries for the purposes of residential development and cannot be acquired for resettlement purposes using the wrong law.
"The position of the Constitutional Court on these issues will clarify the law and protect the constitution," he submitted.
Masuka, registrar of deeds and Njani are yet to respond to the appeal.
While the matter is still pending in the courts, on December 21, Zanu-PF activists threatened to invade the farm.
Fletcher's lawyer Bruce Masamvu said his client was living in fear after the Zanu-PF activists threatened him with unspecified action.
Farmer Alistair Michael Fletcher (81) is challenging a recent Supreme Court ruling that quashed his application for the government to remove caveats placed on his Umguza Agricultural Lots of Umvutcha and Reigate farms.
The government through the Lands ministry has been accused of using the courts to harass the white commercial farmer by filing criminal charges against him for refusing to vacate gazetted land.
This is despite a High Court order that allowed him to stay at the property.
Bulawayo High Court judge Justice Christopher Dube Banda on June 8 last year ordered Masuka to cancel the caveats 844/200, ZN caveat 26/2017, and caveat 77/2019 endorsed on deed of transfer 3188/83.
He also ruled that the minister must pay the applicant's cost of the suit.
This was after Fletcher filed an application seeking the removal of the caveats placed at the instance of the minister and Robert Njani, a farm invader on his deed of transfer.
In the application, Fletcher cited Masuka, Njani and the registrar of deeds as respondents.
However, Masuka and Njanji lodged an appeal at the Supreme Court challenging the High Court ruling in favour of Fletcher.
The Supreme Court bench of justices Elizabeth Gwaunza, Susan Mavangira and George Chiweshe set aside the High Court ruling.
Fletcher through his lawyers from Masamvu & DA SILVA-GUSTAVO Law Chambers has, however, filed an appeal at the Constitutional Court seeking the nullification of the Supreme Court ruling.
In an appeal filed at the Constitutional Court case number CCZ/23, date stamped at the courts on December 14, 2023, Fletcher cited Masuka, Registrar of Deeds and Njani as respondents respectively.
"This is an application in terms of Rule 32 of the Constitutional Court Rules, 2016, for leave to appeal against the whole judgment of the Supreme Court of Zimbabwe, handed down by Judges of Appeal Gwaunza, Mavangira, and Chiweshe in Bulawayo on November 24, 2023," Fletcher submitted.
"The appeal in SCB 49/23 raised constitutional issues and has the effect of violating applicant's constitutional rights, having been an appeal against Judgment No. HB102/23 (in respect of HCB 2472/22) handed down by the Honorable Justice Dube-Banda in Bulawayo on 8th June 2023 3/168.
"In the aforesaid appeal, constitutional issues arose in respect of section 16B of the former constitution of Zimbabwe, now section 72 of the constitution of Zimbabwe, 2013, particularly whether, the High Court lacks the jurisdiction to determine a court challenge for the removal of caveats placed over urban land designated for residential development purportedly acquired under the guise of an acquisition of agricultural land for resettlement purposes in terms of section 16B of the former constitution."
Fletcher said the Supreme Court violated his right to use, hold and transfer the land in question as well as his right to equal protection by the law as enshrined in section 56 of the constitution.
In his grounds of appeal, Fletcher said the court misdirected itself when it held that the High Court lacked the jurisdiction to preside over the matter.
"Thus, the order of the court a quo violates appellants right to use, hold, transfer and not to be compulsorily deprived of its property a enshrined in section 71 (2) - (3) and his right to equal protection of the law as enshrined in section 56 constitution of Zimbabwe, 2013," Fletcher submitted.
Fletcher submitted that his application has prospects of success in that the land in dispute is urban.
He said the land was zoned part of Bulawayo boundaries for the purposes of residential development and cannot be acquired for resettlement purposes using the wrong law.
"The position of the Constitutional Court on these issues will clarify the law and protect the constitution," he submitted.
Masuka, registrar of deeds and Njani are yet to respond to the appeal.
While the matter is still pending in the courts, on December 21, Zanu-PF activists threatened to invade the farm.
Fletcher's lawyer Bruce Masamvu said his client was living in fear after the Zanu-PF activists threatened him with unspecified action.
Source - southern eye
