81-year-old in court for land invasion

AN 81-year-old Bulawayo man is set to appear in court facing five counts of illegally occupying a piece of land on the outskirts of the city and defying the Government’s orders to vacate the land.

Michael Alister Fletcher, who resides at Umvutsha Cottages, is accused of illegally occupying Hamba Gahle Farm, despite the farm being gazetted by the Government as a resettlement area.

According to court documents, the State represented by Mr Luckson Taridzo Muradzikwa, the Ministry of Lands, Agriculture, Water, Fisheries and Rural Resettlement gazetted the farm for occupation under the rural resettlement programme and ordered Fletcher to vacate the farm.

“The accused continued to occupy the piece of land well knowing that it was gazetted contrary to the act. The accused made a court application on the 15th of November 2008 challenging the acquisition of the land by the State after eight years of illegally occupying the said land. The accused had no lawful right to occupy, hold or use that piece of land,” read the court documents seen by Chronicle.

The Government again gazetted the land on 7 March 2008, while Fletcher ignored orders to vacate the land.

Fletcher was meant to initially appear in court yesterday but the matter was then postponed to February 26, as the State is making further inquisitions into the matter.

Fletcher is being represented by Mr Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers.

Mr Masamvu said Fletcher is challenging the accusations and is set to state his case when he appears in court.

“My clients are happy with the State giving the highest court an opportunity to deal with this matter first before they can proceed with his prosecution. On the 26th we will be appearing before the Constitutional Court for the determination of an application for leave to appeal.

“We strongly feel the Supreme Court judgment raises various constitutional issues hence we are hopeful of a positive outcome on the 26th of February,” said Mr Masamvu.

Over 3 700 suspected land barons and squatters have been arrested with 985 convictions in the courts, while 3 360 cases are pending trial since January as the Government clamps down on the proliferation of illegal settlements across the country.

Following the recent increase in illegal settlements on agricultural land and pastures across rural and urban areas, the Government has ordered the concerned culprits to promptly vacate the areas or face the wrath of the law.

According to the Land Commission Act, it is a criminal offence in terms of the Gazetted Lands (Consequential Provisions) Act to occupy State land without lawful authority in the form of a permit, an offer letter, or a lease.

Traditional leaders are also not allowed to sell land and those found guilty will be punished.

Minister of Lands, Agriculture, Fisheries, Water and Rural Development Dr Anxious Masuka has said the Government would not regularise those that settle themselves on State land without procedurally issued tenure documents, adding that the full wrath of the law would be applied in such cases.

“Government has noted with concern the increased number of illegal settlers on agricultural land. As a result, the public is notified that only the Minister of Lands, Agriculture, Fisheries, Water and Rural Development is authorised to issue tenure documents on agricultural land, as he administers relevant Acts assigned to him by the President,” he said.

The Government has directed all local authorities to cease the selling of communal and agricultural land with immediate effect.