29 families illegally occupy magistrate’s farm
September 8 2014
Herald Court reporter
At least 29 families are in a land dispute with former Harare regional magistrate Mr Peter Mafunda after they unlawfully occupied his Subdivision 1 of Braemar farm. Brighton Gumbire and 28 others of Subdivision 1, Braemar farm Beatrice denied contravening section 3 (2) of gazetted land (Consequential Provisions), Chapter 20:20 “Occupation of land without lawful authority”.
They appeared before Chitungwiza resident magistrate Mr Donald Ndirowei and were remanded out of custody to September 15 for trial continuation.
Mr Mafunda is now working as legal advisor at the Ministry of Energy and Power Development.
In their letter dated August 28 this year, submitted in court, the 29 claim that they had stayed at the farm since 2000 after chasing away the owner, a white farmer only identified as Duward.
“We stayed there as peri-urban farmers each one entitled to two and a half hectares pegged by Arex. The District Administrator and the late Cde David Karimanzira assured us to stay waiting for the urban expansion.
“To our surprise, someone, after the elections by the name Mr Peter Mafunda came with an A2 offer letter claiming that he was the owner of the land using the offer letter dated 29 July 2013 when the Government was not operational by then,” reads part of the letter.
The claim that prosecutor Mr Edmond Ndambakuwa quashed on grounds that they did not have an offer letter which Mr Mafunda proffered the court with.
Circumstances are that on the dates unknown to Mr Ndambakuwa for the period extending from July 17 last year to date, the 29 accused went to occupy Subdivision 1 of Braemar Farm, which is a gazetted land owned by Mr Mafunda.
The matter was reported to the police leading to their address.