Form No. 29C/provisional Order/rule 246 IN THE HIGH COURT OF ZIMBABWE                                            CASE NO. HC284/07 Held at Harare BUSI COFFEE ESTATE  (PRIVATE) LIMITED                                           APPLICANTAnd THE MINISTER OF SPECIAL AFFAIRS IN THE                         FIRST RESPONDENTPRESIDENT’S OFFICE RESPONSIBLE FOR LANDS,SECURITY AND NATIONAL AFFAIRSANDSENATOR MATANGA                                                              SECOND RESPONDENT  PROVISIONAL ORDER TO: RESPONDENTS TAKE NOTE that, on the 24^th January 2007 High CourtSitting at Harare. Before the Honourable Mr/ Justice Kudya issued a provisional order as shown overleaf. The annexed Chamber Application, affidavit/s and documents were issued in support of the application for this provisional order. If you intend to oppose the confirmation of this provisional order, you will have to file a Notice of Opposition in form No. 29B, together with one or more opposing affidavits, with the Registrar, or the High Court at …… Harare …………………………within …….10 …Days after the date of which this provisional order and annexures were served upon you. You will also have to serve a copy of the Notice of Opposition and affidavit’s on the applicant at the address for service specified in the application.  If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Harare ….. without further notice to you and will be dealt with as an unopposed application for confirmation of the provisional order. If you wish to have the provisional order changed or set aside sooner than the Rules of Court normally allow and can show good cause for this, you should approach the applicant/applicant’s legal practitioner to agree, in consultation with the Registrar, on a suitable hearing date. If this cannot be agreed or there is great urgency, you may make a Chamber application, on notice to the applicants, for directions from a judge as to when the matter can be argued. 

TERMS OF FINAL ORDER SOUGHT

 That you show cause to this Honourable Court why a final order should not be made in the following terms:- 1.    That the First respondent is forthwith ordered to take all steps necessary to provide applicant with an appropriate offer letter and/or 99 year lease in respect of the 200 hectare portion of Busi Farm as agreed between the parties and guaranteed by First Respondent in the agreement in LA3575/03.2.    The Respondents are ordered not to interrupt in any manner whatsoever the normal farming operations of Applicant and its right to occupy the homesteads thereon.

1. Alternatively, it is hereby declared that Applicant is lawfully authorized to occupy the 200 hectare portion of Busi Farm as agreed between parties in the agreement in LAS 3575/03.
2. In the further alternative the following matter be and are hereby referred to the Supreme Court for determination in terms of Section 24(2) of the Constitution, namely:

 a)         Whether the definition of “lawful authority” in section 2 of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28] is unconstitutional and therefore invalid?; and  b)        Whether the provisions of Section 3(5) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28] are unconstitutional and therefore invalid?

5.    The Respondents shall pay the costs of this application jointly and severally the one paying the other to be absolved.

INTERIM RELIEF

 Pending the determination of this matter, Applicant is granted the following relief:- 

1. That the Second Respondent and all those holding occupation under him shall forthwith vacate the 200 hectare portion of the farm as agreed in LA 3573/03 and the homestead thereon which farm is more commonly known as Busi Coffee Farm failing which the deputy Sheriff duly assisted by the Police in Chipinge, shall cause the removal of Second Respondent and all those holding occupation under him.
2. That the Respondents be and are hereby interdicted from in any manner whatsoever interrupting the normal farming operations of the Applicant on that portion of the farm being the said 200 hectares allocated by First Respondent to Applicant failing which the deputy Sheriff duly assisted by the Police, if necessary, shall physically restrain the Respondents from so interrupting Applicant
3. That the Applicant, its representatives and employees are entitled to remain in occupation of their residences on the said farm.

SERVICE OF PROVISIONAL ORDER

 Copies of this Provisional order shall be served upon the Respondents by Applicants’ Legal Practitioners, the Deputy Sheriff or their lawfully appointed representatives.   BY THE JUDGE   FOR: REGISTRAR