IN THE HIGH COURT OF ZIMBABWE CASE NO HC6440/07HELD AT HARARE In the matter between: GIDEON STEPANUS THERON APPLICANT And THE MINISTER OF STATE FOR NATIONALSECURITY RESPONSIBLE FOR LAND, LANDREFORM AND RESETTLEMENT IN THEPRESIDENT’S OFFICE 1ST RESPONDENT
TO: 1. The Minister of Lands (1st Respondent) c/o Civil Division (Ms Mwatse) 2. Mr. E Musakwa (2nd Respondent) c/o Debwe & Partners (Mr. Debwe) TAKE note that on the 16th Day of November, 2007 the Honourable Mr. Justice C Hungwe sitting at HARARE issued a Provisional Order. The annexed chamber application, affidavit/s and documents were used 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 of the High Court at HARARE within ten (10) days after the date on which this Provisional Order and annexures were served upon you. You will have to serve a copy of the Notice of Opposition and affidavits 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 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 Practitioners 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 Applicant, for directions from a Judge as to when the matter can be argued. DATE: 16th November, 2007 ……………………………………… JUDGE/DEPUTY REGISTRAR 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 it be and is hereby declared that Applicant is the owner of Zanka Farm situated in the District of Salisbury in that the mandatory and peremptory requirements under Section 5 (1) of the Land Acquisition Act Cap 20:10 as read with Section 16 (1) of the Constitution, Section 16A of the Constitution and Section 16B of the Constitution of Zimbabwe have not been satisfied. Alternatively, the requirement that the Applicant is to wind up his business, harvest his crops and dispose of livestock by 30th September, 2007 and served on the Applicant on 27th September, 2007 is suspended pending the determination of any prosecution that may be instituted and that the issue of any eviction order having final effect arising from such prosecution. 2. That the Applicant is free to continue the farming operations on Zanka Farm until the final outcome of any prosecution that may be instituted. 3. That the 2nd Respondent and any other persons claiming occupation and possession of Zanka Farm or any part of it through him is unlawful. For the avoidance of doubt Respondents shall not attempt to take occupation of any part of Zanka Farm or to seize any farming equipment, material or movable assets thereon nor shall 1st Respondent, permit, encourage or authorise any person including 2nd Respondent to do so unless and until the Applicant has been subjected to an eviction order having final effect following a successful prosecution for contravening Section 3 of the Gazetted Land Act (Consequential Provisions) Act Cap. 20:28 and the movable assets have been lawfully acquired by the State. 4. That Respondents pay the costs of this application jointly and severally the one paying the other to be absolved. INTERIM RELIEF GRANTED BY CONSENT Pending determination of this matter, the Applicant is granted the following relief – (a) That 2nd Respondent and all other persons claiming occupation and possession through him of Zanka Farm shall forthwith vacate Zanka Farm and remove all property introduced on to the Farm by them. To the extent that it becomes necessary, Deputy Sheriff is authorised and empowered to attend to the removal of all such persons and their property. The Deputy Sheriff is hereby authorised and empowered to enlist the assistance of any member of the Zimbabwe Republic Police who are directed to provide such necessary assistance so as to ensure that the provisions of this Order are implemented in full. (b) That the 2nd Respondent and all other persons claiming occupation and possession of Zanka Farm are hereby interdicted from in any way of interfering with the possession, control, and use of Zanka Farm and all property thereon or of interfering with the normal business operations of Applicant, his employees, invites and agents on Zanka Farm. (c) That the provisions of Sub paragraph (a) and (b) above shall lapse in the event that the State commences and completes a prosecution against the Applicant under the Gazetted Land (Consequential Provisions) Act Cap 20:28 resulting in the conviction of Applicant and further subject to the issue of an eviction order having final effect. SERVICE OF PROVISIONAL ORDER That leave be and is hereby granted for Applicant’s legal practitioners or the Deputy Sheriff to attend to the service of this order forthwith upon the Respondents in accordance with the Rules of the High Court. Date: 16th November, 2007 ———————————————– BY THE JUDGE ———————————————— REGISTRAR