Before Magistrate B Musakwa in Mutare Court
Found Guilty: Tuesday 26 May 2009
Had to spend 36 hrs in jail waiting to be sentenced on Wednesday [because the Magistrate had to work during lunchtime on Tuesday and did not have time to look at the file and legal procedure.]
Firstly
Vumba Coffee Estates (Private) Limited, represented by Ian-Guy Campbell-Morrison a Director or employee thereof and cited in terms of Section 277(2)(a) of the Criminal Law (Codification and Reform) Act 9:23
Secondly
Ian-Guy Campbell-Morrison in his personal capacity as cited in terms of Section 277(5) of the Criminal Law (Codification and Reform) Act 9:23
Charged with the crime of C/S 3(2)(a) as read with section 3(3) of the Gazetted Land (Consequential Provisions) Act Chapter 20:28 “Occupation of Gazetted Land without lawful authority”
In that during the period extending from 1st day of September 2007 to date and at Vumba Coffee Estate, being Eggardon Hill situated in the district of Mutare, Vumba Coffee Estate (Pvt) Ltd being a ‘former owner’ or occupier of the Gazetted Land unlawfully held, used or occupied Gazetted Land, that is to say it is using the said land without lawful authority.
Note: Ian-Guy Campbell-Morrison could not be brought from the Remand Prison to court on Wed morning to be sentenced as the Prisons had no fuel to transport him to the Court. The Area Public Prosecutor had to be paid US$30 for transporting Ian-Guy to court in his ‘private car’.
Sentence: Wednesday 27 May 2009
Magistrate Musakwa
“I hasten to tell you that you have been convicted of a very serious offence. You resisted government efforts for the Land Reform program which are irreversible. You knew you were no longer entitled to be there since December 2005. You have exhibited disdainful obduracy by staying on the farm. I don’t agree that you believed you were entitled to remain on the
farm, you yourself never consulted with anybody. Your wife did but she is not you. You are separate people even though you are the same flesh. Anyone who resists Government efforts to carry out the land reform programme are severely dealt with and the programme is irreversible. Anyone opposing it will meet with the full wrath of the law and the programme can be likened to a diesel locomotive which has started but with no brakes and will crush
anyone in its way. It will not be stopped. However I have seen in you a farmer and a gentleman. Your demeanor in court was very commendable.
Mr. Campbell-Morrison you are a gentleman with a human face. But there is a new beneficiary who could have lost quite a bit by your nefarious behaviour due to the galloping horse of hyperinflation. The new farmer could have borrowed quite a lot and could have sold his other wares and in my opinion he is obviously now a bad debtor which is your fault. But you also have lost a lot and have to start again.
You were fighting with a human face and showed respect which was very commendable. Your demeanor in court was impressive and I will temper justice with mercy. You have already suffered a lot so you will pay a substantial fine and receive a wholly suspended prison term. On your part you have lost a long life investment and you are now reduced to an ordinary person. You have to start a new life again, which is something, which worked in your favour and I have to spare you from a harsh prison term, but you have to pay a hefty sum of money. I also have to evict you from the property as ordained by law. I will give you an extended period to vacate the farm. Your eviction would be complete on Saturday 30th May 2009 at 5pm.(3 days) But you have shown respect therefore I sentence you as
follows:-“
Accused no. 1
The company “Vumba Coffee Estates” is sentenced to pay a fine of US$400.00.
Accused no. 2
Mr. Campbell Morrison is sentenced to pay a fine of US$400.00
OR
In default of payment – 3 months in jail.
AND
Accused 2 is sentenced to 12 months’ imprisonment with labour which is wholly suspended on condition that within a period of 5 years accused is not convicted of contravening section 2a as read with section 3(3) of the Gazetted Land Act for which you are sentenced to imprisonment without the option of a fine.
You and your company are hereby evicted from the farm Certain piece of land in the District of Umtali being Eggardon Hill. Title Deed no. 1216/64 measuring 499,9917 acres. This eviction is to be complete by 5pm on Saturday 30 May 2009 or else the 12 month sentence will start to run.
The fine is to be paid by 4pm on 28 May 2009.