Sixty-six "Illegal Settlers" Acquitted By A Masvingo Magistrate
Sixty-six (66) villagers from Masvingo Province who were arraigned before the Masvingo Magistrates Court for illegally occupying state land without authority have been acquitted.
The rural dwellers occupied the land more than two decades ago at the height of the fast-track land resettlement programme.
The villagers were accused of occupying part of Great Zimbabwe University in Masvingo province, which is deemed to be state land.
The villagers, who were represented by Frank Chirairo of the Zimbabwe Lawyers for Human Rights (ZLHR), were acquitted by Masvingo Provincial Magistrate Farai Gwitima.
Gwitima ruled that prosecutors had failed to prove the existence of a government gazette entitling the government to ownership of the pieces of the land allegedly occupied by the villagers. A statement issued by the ZLHR on Thursday, 22 February, on the matter reads:
We have ended the persecution of 66 villagers in Masvingo province, who were on trial for illegally occupying state land without authority, by getting them acquitted at the close of the prosecution case.
The 66 villagers had been on trial at Masvingo Magistrates Court after they were arrested on 22 January by [the Police] and charged with occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act.
During the trial, prosecutors alleged that the 66 villagers, who include some aged over 70 years, unlawfully held, used or occupied part of Great Zimbabwe University in Masvingo province, which is deemed to be state land.
The prosecutors, who stated that the complainant in the matter was Charity Mumera, the Deputy Director in the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development, claimed that the villagers illegally occupied pieces of state land from 2000 to date in contravention of section 3(1) of the Gazetted Land (Consequential Provisions) Act.
But the 66 villagers were on Thursday found not guilty and acquitted at the close of the prosecution case by Masvingo Provincial Magistrate Farai Gwitima, who ruled that prosecutors had failed to prove the existence of a government gazette entitling government to ownership of the pieces of the land allegedly occupied by the rural dwellers, which is an essential element of the alleged offence.
The 66 villagers, who were out of prison custody on bail, were represented by Frank Chirairo of [the ZLHR].
They had initially been charged for settling within a prohibited dam basin as defined in section 56(20) of the Water Act, wherein prosecutors alleged that they had unlawfully held, used or occupied Lake Mutirikwi basin, which is a prohibited dam basin.
The charges were later amended to contravening section 3(1) of the Gazetted Land (Consequential Provisions) Act.
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