Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

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Reprieve for illegal settlers

Reprieve for illegal settlers

high court

Daniel Nemukuyu Senior Court Reporter
Government is replanning Murrayfield Farm in Murehwa to resolve disputes between five new farmers and 10 illegal settlers whom the High Court had ordered off the land.
The replanning is being done after a High Court order and an eviction writ witnessed by Chief Justice Godfrey Chidyausiku.
Lands and Rural Resettlement Minister Dr Douglas Mombeshora said the farm should be replanned to accommodate all feuding parties and has already written to the farmers’ lawyer, Mr Cremma Chipere, informing them of the development.

“I deliberated over the matter and resolved that the farm must be replanned so as to create smaller sub-divisions, which will accommodate both the applicants and respondents in this matter.

“I am advised that a writ of ejectment has been obtained against the respondents before we were able to implement the above-mentioned replan exercise on the said farm.

“I hereby request that you reconsider the decision to effect the ejectment of the respondents since there are already plans in motion to regularise their occupation of the said farm,” reads part of the letter.


The five occupied the farm on the strength of offer letters issued in 2005 but the 10 were already on the land illegally.

This prompted the five to approach the High Court seeking eviction of the 10, which was granted by High Court judge Justice Joseph Mafusire on July 29, 2013.

Although the 10 filed a notice of appeal at the Supreme Court, they failed to prosecute it within the stipulated timeframe and it was dismissed.

However, the five could not execute the court order because Dr Mombeshora stopped the eviction through his letter to their lawyer.

When the Deputy Sheriff sought police assistance to evict the families, the Officer Commanding Marondera District, Chief Superintendent K. Karuru, said they did not have enough resources.

“Please be advised that efforts are underway to assist in above subject matter. However, this operation is a major operation involving 70 families who have been at the place in question for over 10 years.

“It is against this background that this office is kindly requesting for more time to mobilise resources to undertake a smooth operation.”

In March this year, the new farmers – through lawyer Mr Chipere – obtained a writ to evict the families.

The families tried, through an urgent chamber application, to stop the eviction but failed after Justice Charles Hungwe rejected the application for lack of urgency.


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