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Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South Constituency in the 2023 harmonised elections, Patrick Cheza has appealed to the Supreme Court against a ruling by the High Court giving the Government permission to evict him from his farm.
The Mirror reported that Cheza is the only one among 61 farmers allocated the land who is being evicted.
The prominent Gweru businessman is represented by Nyasha Maguranyanga of Mutendi, Mudisi and Shumba. In his appeal at the Supreme Court, Cheza said:
<blockquote>
1. The court a quo erred in holding that the Appellant’s confirmation of land occupation did not confer a prima facie right to the farm In question whereas the same legally confer a right of land occupation in favour of the Appellant.
2. The court a quo erred in making a finding that the Appellant had no right to be consulted and heard by the 19 Respondent before being evicted from the farm in question as an illegal settler, whereas the Appellant at law is entitled to be consulted and heard before any adverse decision is taken against him.
3. The Court a quo erred at law in making a finding that Appellant’s eviction from the farm was legal whereas the same was unconstitutional.
</blockquote>
Cheza is being evicted from his 250-hectare farm by the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development.
According to The Mirror, Cheza was allocated the farm which is located near Mvuma under the land redistribution programme. He is now losing investments worth US$200 000.
His farm is said to be one of the most developed under the scheme with greenhouses, boreholes, solar power systems, 105 herd of cattle, 56 high-breed goats, and sheep and 50 full-time workers.
The farm is already being subdivided into smaller plots and the beneficiaries are members of the Joint Operations Command (JOC).
Cheza’s appeal was thrown out by High Court Judge, Justice Mawadze who said the courts have no power over the matter and told him to plead with the Minister.
Justice Mawadze however, conceded in his opening remarks that land issues in Zimbabwe are very emotive and vexing.
The Minister of Lands’s Permanent Secretary Obert Jiri was reported as saying Cheza will not be compensated for developments he made on the farm.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

CCC Candidate, Patrick Cheza, Fights For His Farm In The Supreme Court

Prominent Gweru businessman, Patrick Cheza, who was the Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South in the 2023 general elections is being evicted from his 250-hectare farm by the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development.
According to The Mirror, Cheza was allocated the farm which is located near Mvuma under the land redistribution programme. He is now losing investments worth US$200 000.
Cheza, who was detained for several weeks during last year’s elections, is reported to be the only farmer out of 61 under the same scheme who is being evicted.
He was accused of assaulting ZANU PF Barbra Rwodzi following an argument over an accident which had occurred along Chaka‐Charandura Road in Chirumhanzu.
His farm is one of the most developed under the scheme with greenhouses, boreholes, solar power systems, 105 herd of cattle, 56 high-breed goats, and sheep and 50 full-time workers.
The Mirror further reported that Cheza’s farm is already being subdivided into smaller plots and the beneficiaries are members of the Joint Operations Command (JOC).
Cheza’s appeal was thrown out by High Court Judge, Justice Mawadze who said the courts have no power over the matter and told him to plead with the Minister.
Justice Mawadze however, conceded in his opening remarks that land issues in Zimbabwe are very emotive and vexing.
The Minister of Lands’s Permanent Secretary Obert Jiri was reported as saying Cheza will not be compensated for developments he made on the farm.
The seizure of Cheza’s farm shows the total lack of security of tenure in the country’s laws and that it is risky for businesspeople to associate with opposition parties as they can easily lose their hard-earned investments to “the system” with nowhere to seek justice.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Former CCC Parliamentary Candidate, Patrick Cheza, Evicted From 250-hectare Farm

The Zimbabwe Congress of Trade Unions (ZCTU) has criticised the government’s approach in dealing with illegal occupations of land and likened the eviction of villagers to the seizure of Arab land by Jewish settlers in Palestine since 1948.
This comes after the government demolished the homes of some villagers in Masvingo and Matabeleland South provinces raising fears that the nation is slowly backsliding to the 2005 Operation Murambatsvina demolitions.
Many occupants facing demolitions had settled in the areas for decades only to be arrested and prosecuted for illegal land occupation.
Speaking to <a href="https://www.newzimbabwe.com/labour-blasts-govts-zionist-approach-to-land-evictions/">NewZimbabwe.com</a> on Tuesday, ZCTU secretary general, Japhet Moyo implored government officials to be humane and desist from creating a needless humanitarian crisis. Said Moyo:
<blockquote>
Land is a right and thus should be accessible to all individuals. In the past, we have noted the regularisation of informal settlements for political expediency.
Now that elections are over, politicians are looking the other way as if nothing is happening.
We are faced with a humanitarian crisis, we expect the government to approach the issue with cool heads.
A “Zionist” approach towards alleged illegal settlers is not a solution.
</blockquote>
Moyo said the ZCTU stands against the perpetuation of exclusionary colonial laws adding that some villagers are being evicted by greedy political bigwigs who want more land for themselves. He said:
<blockquote>
The same laws being invoked to evict villagers are also undermining the authority of traditional leaders who settled the villagers in the first place.
These villagers were not settling themselves, but they got a go-ahead from traditional leaders and in some cases, they got a go-ahead from land officers.
The operation has exposed our government’s ineptitude. It left the villagers undisturbed for decades only to bombard them with evictions on short notice.
If our leaders have the conscience and time for some soul-searching, they will realize their errors and omissions.
</blockquote>
On 13 February this year, the Zimbabwe Republic Police said 3 700 people had been arrested countrywide under the ongoing Government operation dubbed “No To Land Barons and Illegal Settlements on Land”.
According to the Police, 28 people were arrested in Tokwane-Ngundu Resettlement, 26 people were arrested for allegedly occupying grazing lands and distributing gazetted land to their relatives at Lazy Five Farm in Karoi, and 123 people were arrested at Enyandeni Resettlement Area, Gwanda.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZCTU Condemns Govt's "Zionist" Approach Towards Illegal Land Occupiers

Zimbabwe Lawyers for Human Rights (ZLHR) lawyers are representing hundreds of villagers across the country who have been evicted from their ancestral land by the Government for allegedly occupying gazetted land without lawful authority.
Some of the villagers have been in occupation of their land for more than 40 years and made tremendous improvements to their land.
Under the ongoing “No To Land Barons and Illegal Settlements on Land” operation launched by the Goverment this year, more than 2 700 people have been arrested. The ZLHR said:
<blockquote>
Across Zimbabwe, we are representing hundreds of distressed villagers, who are accused of illegally occupying their ancestral land.
In Chipinge in Manicaland province, our lawyer [Tariro Tazvitya], is representing 327 villagers, who reside in Mahachi village and are accused of illegally occupying Mahachi village.
Of the 327 villagers, 80 of them reside in Munyokowere village and are accused of illegally occupying Munyokowere village.
In Masvingo Province, we have filed an appeal at Masvingo Magistrates Court seeking to suspend an order for the eviction of some villagers from their ancestral land.
The villagers were recently convicted of occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act by Masvingo Magistrate Ivy Jawona and sentenced to serve three months in prison, which was wholly suspended.
In addition, Magistrate Jawona ordered the villagers to vacate their land within 7 days. Now, the villagers, who are represented by Phillip Shumba of the Zimbabwe Lawyers for Human Rights, have asked the Masvingo Magistrates Court to stay their eviction pending the determination of their appeal against both conviction and sentence by the Masvingo High Court.
The villagers filed the appeal at Masvingo High Court on 9 February 2024 challenging their conviction and sentence by Magistrate Jawona.
In the appeal, the villagers argue that Magistrate Jawona erred and misdirected herself in convicting and sentencing the villagers for illegally occupying gazetted land as some of them have been in occupation of their land for more than 40 years and had effected tremendous improvements to their land.
The villagers want the High Court to overturn their conviction and set aside their sentence and refer their matter to the Constitutional Court for a determination of the constitutionality of their eviction.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Human Rights Lawyers Challenge Eviction Of Villagers From Ancestral Lands

A white former farmer Shane Warth who in December 2022 was evicted from his 60-hectare plot in Mwenezi says his several attempts to get an offer letter have all been in vain.
The plot is located in the Mpapa area of Mwenezi East’s Ward 13 in Masvingo Province.
Warth (65) had utilised the plot for 32 years and his farming equipment is now lying idle at his homestead in Chiredzi following his eviction from the plot.
He had a total of 25 permanent workers and besides specialising in sugar cane farming, Warth also grew maize and soya beans among several other crops.
In a telephone interview, Warth told <a href="https://tellzim.com/evicted-mpapa-white-farmer-denied-offer-letter-for-over-32-years/">Tellzim News</a> that the eviction had completely ruined his life. He said:
<blockquote>
I acquired the plot by paying for it some 32 years back and I made a huge investment to ensure massive production at my plot.
Right now it is very painful that someone who had put absolutely nothing came over to claim ownership of the plot.
The eviction had completely ruined my life. Right now my farming equipment is idle here in Chiredzi.
Despite overwhelming evidence that I had been very productive for the past 32 years, I made countless efforts to get the offer letter at district, provincial and national levels but I was turned down in all the offices.
</blockquote>
A farmer in the Mpapa area who spoke on condition of anonymity said they relied on Warth for farming expertise. Said the farmer:
<blockquote>
We were given this land and we paid for it as it was part of the pension package from Triangle Sugarcane Company where all the plot occupants used to work.
What irks me the most is that in the case of Warth’s eviction, the issue of property rights was completely ignored.
We are really wondering where exactly are we going as a nation when proven progressive farmers like Warth are kicked out of their land like that and replaced by people without any track record of farming.
Why doesn’t the government look for several vacant lands for newcomers to prove their farming skills?
More worrisome is the fact that his yearly production regularly surpasses the rest of the farmers here.
He was the only local farmer with the Centre Pivot and many of us relied on him in diverse ways.
</blockquote>
Warth was evicted from his plot to pave way for ZANU PF central Committee member Cuthbert Muzara and one Emmanuel Chugubu.
Muzara told Tellzim News that he is legally occupying the 21-hectare part of the plot that used to belong to Warth.
He admitted that Warth was evicted from the main house and the larger plot section that has now been occupied by Chigubu.

Govt Denied Evicted White Farmer Offer Letter For Over 32 Years

The Zimbabwe Land and Agrarian Network (ZiLAN) has urged the government to respect the land rights of the beneficiaries of the land reform programme.
This follows reports that more than 3 000 resettled families face eviction from their land at a Chegutu farm to pave way for a platinum project by a private firm, Global Platinum Resources.
In a statement on Tuesday, ZiLAN called on the government to consult the farmers and agree on appropriate compensation measures with them before they are relocated. Said the group:
<blockquote>
The Zimbabwe Land and Agrarian Network (ZiLAN), in its traditional Annual Policy meeting held on the 24th of November 2022, deliberated on various policy issues and their implications on smallholder farmers.
As a network working with smallholder farmers in pursuit of land rights and the advancement of socio-economic status noted a disturbing trend of threats of evictions and /or actual evictions of smallholder farmers in communal and resettlement areas to pave way for investments in various forms.
Information received from smallholder farmers across the country points out that in most cases the affected communities are excluded or inadequately consulted while in some cases farmers have been displaced without receiving commensurate compensation.
… From our ongoing engagements with key stakeholders involved, the community in question has not been adequately consulted with regard to the development.
As we monitor the situation closely, it is our firm belief that this development infringes on the fundamental rights and freedoms of people as set out in Section 72 of the Zimbabwe Constitution.
While cognisant of the fact that development will always result in the inevitable loss of land by communities, the network calls for the following to ensure that the land rights of people are protected and upheld; we therefore implore that; due diligence, due process, transparency and accountability be followed in all land matters that have the potential to affect livelihoods.
… In cases of eviction, compensation should be agreed on and honored through inclusive processes for the benefit of all parties concerned.
Respect for people’s cultural and spiritual practices be upheld.
Compensation should not only be about resettlement but restitution.
</blockquote>

Thousands Of Land Reform Beneficiaries Face Eviction

Hundreds of ZANU PF supporters in Chegutu East who are facing potential displacement have threatened to withdraw support from President Emmerson Mnangagwa in the general elections scheduled for 2023.
About 300 families who were allocated land in Chegutu may be displaced to make way for a proposed platinum mine for a Chinese firm.
The majority of the plot holders are retired civil servants who depend on small-scale farming.
The disgruntled villagers held a meeting at Hopewell farm in Chegutu where they blamed Mnangagwa for their possible displacement. One of the villagers said:
<blockquote>
Even he (President Emmerson Mnangagwa) if we are evicted, the election is coming, who will vote for him, how will he win the election?
Will the Chinese vote for him? Will one person make him win? They cannot support one corrupt person at the expense of hundreds.
We fought for this land, and you cannot tell us to leave, where do you want us to go as old as we are?
Hurumende ngaiticherechedzewo, murombo haavigwi ari mupenyu munotoumirira kuti afe.
We suffered for this land and our pain cannot go in vain because of one person.
</blockquote>
Another plot holder who spoke during the meeting expressed dismay over the development. He said:
<blockquote>
Yes, we fought the whites and they left, now fellow blacks are fighting us, we cannot be fighting each other.
</blockquote>
Thousands of Zimbabweans across the country have been displaced to make way for big business as the “Second Republic” apparently shows scant regard for local people’s right to land.

Mashonaland West Villagers Threaten To Withdraw Support From ED

Approximately 300 families in Chegutu East Constituency are facing potential eviction from their plots to pave way for a proposed platinum project by a Chinese firm, <a href="https://www.newzimbabwe.com/300-chegutu-families-face-eviction-by-chinese-mining-project-linked-to-retired-generals-villagers-vow-to-fight-removal/">NewZimbabwe.com</a> reported.
Villagers say the Chinese company is working with a local company linked to the Zimbabwe Defence Forces (ZDF).
They believe influential retired military generals, with the blessing of two government ministers, are using their political connections to effect the evictions.
One of the plot holders who spoke to NewZimbabwe.com vowed to fight for their land. He said:
<blockquote>
Platinum is drilled from 600 metres to 1000 metres depth, so, it does not affect us as farmers.
This is just a way to take our land under the guise of platinum mining; this is a typical case of powerful people who just want to chase us away.
</blockquote>
Another community member said they have nowhere to go and that they cannot leave their homes and graves. He said:
<blockquote>
Our President (Emmerson Mnangagwa) said the land reform programme is not reversible and no one must be displaced but here four farms are about to be seized by a few people.
We know them; they are retired generals, and they are working together with the Chinese company.
What will happen to us and our loved ones’ graves?
We have been here for so many years; where do you want us to go? What does our culture say about this?
We cannot be removed from our ancestral land by fellow black people simply because they have money.
</blockquote>
The majority of the people are retired civil servants who were allocated their plots by the government.

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