Lovemore Meya Court Correspondent
An illegal settler who defied a court order to vacate Breamer Farm in Beatrice belonging to former Harare regional magistrate, Mr Peter Mufunda, has been ordered off the land by a Chitungwiza magistrate. Job Makato, whose age was not given, appeared in court in September last year together with 28 others for illegally occupying the farm.

They were all convicted for contravening Section 3(2) of the Gazetted Land (Consequential Provisions Act) Chapter 20:20 “Occupation of land without lawful authority”.

They were sentenced to a wholly-suspended three-year jail term on condition of good behaviour by magistrate Mr Donald Ndirowei.

Mr Ndirowei ordered them to vacate the farm by December 31 last year.

Makato was adamant after a dismissal of their appeal and continued staying at the farm where he had erected a structure.

When Mr Mufunda, a legal adviser in the Ministry of Energy and Power Development, visited his farm this year, he discovered that Makato and his family were still on the farm.

He reported the matter to police and Makato was issued with a warrant of arrest.

He was arrested last Saturday.

His lawyer, Mr Hilarious Tererai, argued that Makato was no longer staying at the farm.

“The warrant of arrest indicates that accused had vacated the farm. He left the farm on December 31 last year,” said Mr Tererai.

“When the warrant was issued, accused was no longer staying at Breamer.

“He is staying at Chanhamukonde Farm adjacent to Breamer Farm and this means the warrant of arrest has been overtaken by events. It is no longer applicable.’’

Mr Tererai told the court that the State should do a proper inquiry as there was no evidence supporting the contempt of the warrant of arrest.

Presiding magistrate, Mr Lazarus Murendo, ordered Makato’s release from custody and that he vacates the farm within five days.

Mr Norman Koropi prosecuted.