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The State has withdrawn charges against 119 villagers in Gwanda who had been arrested and charged for allegedly occupying state land unlawfully and were targeted for eviction by the Government.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), among those arrested included a nonagenarian, a octogenarian, septuagenarians, sexagenarians and youths.
In a statement issued on 23 February, ZLHR said 180 villagers were apprehended by the police on 07 February and charged with occupying gazetted land without lawful authority as defined in section 3(1)(4) as read with section 5 of the Gazetted Land Consequential Provisions.
The 180 villagers, who reside in the Nyandeni community in Gwanda North in Matabeleland South Province, were accused of unlawfully holding, using or occupying land at Hollins Block Estate in Gwanda, which is gazetted land and without lawful authority.
Upon their arrest on 7 February, the 180 villagers endured two nights in police detention and were only set free on 9 February after prosecutors declined to prosecute them.
That was after their lawyers Jabulani Mhlanga of the Zimbabwe Lawyers for Human Rights and Mitchell Chigova of Mabhikwa and Partners Legal Practitioners, challenged how their arrest had been effected.
The lawyers argued that it fell short of the provisions of section 50 of the Constitution and the lack of documentary evidence, which informed the arrests that they were merely done to investigate rather than to prosecute.
The villagers were then summoned to appear at Gwanda Magistrates Court on 23 February, where prosecutors filed an application seeking to formally place them on remand. However, their lawyers challenged the prosecutors’ bid to place the 180 villagers on remand.
In an update on the case on Monday, 26 February, the ZLHR said the State had withdrawn charges against 119 villagers and opted to prosecute only 61 villagers. Said ZLHR:
<blockquote>
UPDATED: We stopped the prosecution of 119 villagers in Gwanda, who had been arrested and charged for allegedly occupying state land and targeted for eviction by the government.
Our lawyers vigorously challenged the prosecution of the villagers arguing that they had not committed any offence resultantly, prosecutors withdrew charges against 119 villagers and opted to prosecute only 61 villagers.
In withdrawing charges against the villagers, prosecutors conceded that they had no evidence at all to link them to the commission of the alleged offence.
The villagers’ lawyers Jabulani Mhlanga of [Zimbabwe Lawyers for Human Rights] and Mitchel Chigova of Mabhikwa Legal Practitioners, had argued that their clients possessed the requisite documents authorising their stay at their homesteads on the pieces of land which they were occupying.
The 61 villagers, who were placed on remand, will return to Gwanda Magistrates Court on 26 March, when their trial is scheduled to commence.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

State Withdraws Charges Against 119 "Illegal Settlers" In Gwanda

Two village heads from Nyamandlovu appeared before Bulawayo Magistrate Maxwell Ncube on Friday, 23 February facing a charge of unlawfully allocating 38 stands to home seekers.
As reported by the <a href="https://newsday.co.zw/southerneye/local/article/200023533/village-heads-up-for-selling-state-land">Southern Eye</a>, the accused are Chikombingo Moses Nyamande (84) and village development committee member Danisa Nyathi (59).
They were not asked to plead before being remanded to 21 March for trial.
Nyathi and Nyamande are resettled farmers on gazetted State land.
It is the State’s case that since 21 January 2023, Nyamande and Nyathi have allocated stands to 38 villagers without State authority.
The villagers allegedly moved onto the land and built structures.
On 22 January this year, police received a tip-off that the duo were illegally parcelling out State land and visited the area where they discovered that 38 illegal settlers had already built housing structures.
The accused failed to produce documentation authorising the settlers to occupy the land in question leading to their arrest.
Police recently launched “Operation Order No To Land Barons” targetting people accused of being irregularly settled on State land.
This has resulted in the arrest of hundreds of villagers across the country.
Four village heads from Dema in Mashonaland East Province were convicted after appearing in court for selling stands in undesignated places and pocketing the proceeds.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Village Heads In Court For Selling State Land

Prominent Zimbabwe opposition politician Nelson Chamisa has described the Communal Lands Act as draconian and colonial and demanded that the law should be amended as a matter of urgency.
The Communal Lands Act gives rural communities the right to occupy and use communal land but the ownership is vested in the President.
Posting on X this Monday, 19 February, Chamisa said it is sad that millions of Zimbabweans have no title to the land they are occupying. He wrote:
<blockquote>
The communal lands act is draconian and colonial. Most Zimbabweans are just occupiers of the land, not its owners. Ownership is more than occupation. This sad situation must be addressed immediately.
No citizen should endure the heartache of losing their home. It’s unjust for the state to overlook years of investment in building a home, only to demolish it later.
Land belongs to everyone. Dignity is an inalienable right and every citizen’s God-given and hereditary entitlement. Land is a gift from God.
</blockquote>
This comes as the Government has launched an operation dubbed “No To Land Barons and Illegal Settlements on Land” which has resulted in the arrest of hundreds of villagers for allegedly occupying rural State land without lawful authority. Said Chamisa:
<blockquote>
The recent displacements and destruction of property run foul of the law and violate several provisions of the Constitution, including:
a) Section 71 – Property Rights… b) Section 68 – Administrative Justice… c) Section 51 – Dignity… d) Section 74 – Freedom from Arbitrary Eviction
The law governing communal land “erroneously” vests all land in the President. The Minister has other powers delegated to him regarding communal displacements.
The law allows the President to make declarations that affect the rights and interests of citizens living in communal land.
The President can declare that it is no longer communal land. He is under no obligation to consult the citizens, to consider their interests or to account to them.
This must and will change. Citizens must be empowered to have a say in matters affecting them through land displacements. 
The provisions for compensation when communal land is set aside or when the President makes a declaration which removes the citizens from communal lands are grossly inadequate and inconsistent with the right to property provided for in the constitution.
</blockquote>
Chamisa said the following measures to be adopted by the authorities to protect the rights of rural people:
<ul>
<li>Issuing Title Deeds: Securing title deeds provides citizens with legal protection and ensures their land is their security. Title deeds to resettled farmers and communal lands.</li>
<li>Reviewing the Communal Lands Act: We must reassess outdated legislation to protect citizens’ land rights and prevent unjust and unmerited displacement.</li>
<li>Establishing an Accessible Land Registry Database: A transparent database ensures fair and equitable land ownership, free from manipulation or corruption.</li>
<li>Depoliticizing Land Allocation: Land ownership is a fundamental right, accessible to all without bias or partisan political influence.</li>
<li>Introducing land use planning and utilization model and mechanism overseen by designated district planner on behalf of the government.</li>
<li>No abuse of state power on land.</li>
<li>Protecting Communities from Homelessness: Displacement should involve community consultations, with stakeholders adequately rehomed and compensated.</li>
<li>Whereas Investment is key and welcome, Investors must not just come to extract and go. Communities must be the anchor and key beneficiaries out of any investment in their area. Local authorities, local leadership and communities must be part of any investment negotiation.</li>
<li>In circumstances where people have settled on a particular land and have been in occupation for a couple of years, authorities must have the moral duty to consider regularization as a first option. The current evictions where helpless households are given 48-hour eviction orders are both unacceptable, cruel, heartless and inhumane.</li>
</ul>
Chamisa said land tenure and title are matters of national interest and development and are therefore above partisan politics.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

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