Farmer resists eviction

Farmer resists eviction

http://www.herald.co.zw

Tuesday, 23 October 2012 09:02

Fidelis Munyoro Assistant News Editor

A Beatrice farmer is resisting eviction from State land claiming that he was 
re-allocated the piece of land under the land reform pro­gramme. This has 
prompted A2 farmer Mr Aaron Madziva to approach the High Court seeking to 
evict Mr Gerald Douglas Davidson from Xekene Farm on the strength of an 
offer letter in his possession.
Through his lawyer, Mr Nelson Mashizha of Takundwa and Company, Mr Madziva 
cited Lands and Rural Resettlement Minister Her­bert Murerwa as a respondent 
in the matter.
Mr Madziva was given the offer letter to occupy the farm in December 2008. 
He is seek­ing an order evicting the farmer and instead declare him the 
rightful owner of the farm.
Mr Madziva said from the time he received his offer letter, he had explored 
all diplomatic ways of seeking a lawful handover of the property from Mr 
Davidson.
“It has now dawned on me that all my sound efforts to do everything in 
accordance with the law have been grossly abused by the indifferent attitude 
to the law by the first respondent (Davidson),” said Mr Madziva in his court 
papers. He said Mr Davidson’s open defiance of the law left him with no 
option, but to seek legal recourse.
Mr Davidson is opposing the eviction.
“The matter was dealt with by a competent court of law,” he said.
In a judgment already registered with Administrative Court, Mr Davidson said 
it was agreed that the State would acquire a piece of land commonly known as 
Lisbon Extension while he kept Xekene Extension.
“It is improper, therefore, for the applicant to approach the court seeking 
a declaratory order in a matter that has already been dealt with by the 
Administrative Court, by the consent of the parties,” he said.
Two years ago, Mr Madziva sought the evic­tion of Mr Davidson through 
criminal prose­cution under section 3(2) of the Gazetted Lands 
(Consequential Provisions) Act.
The Act criminalises the continued occupa­tion by the owners or occupiers of 
land acquired in terms of the Constitution of Zim­babwe beyond the 
prescribed period.
The defence raised an exception on grounds that the matter was res judicata 
(dealt with by a competent court of law).
It also argues that dealing with the matter now would be tantamount to 
reviewing the order of a superior court.
The case is coming to court two years after the full bench of the Supreme 
Court made an explicit ruling on the land issue.
The judiciary’s apex court reiterated and confirmed that farmers and 
occupants whose land had been acquired in terms of the Consti­tution of 
Zimbabwe cannot challenge the legal­ity of such acquisition in a court of 
law.
Chief Justice Godfrey Chidyausiku delivered the landmark ruling in November 
2010.