Online Reporter
Richard Muponde
Zimpapers Politics Hub
CHINHOYI businessman, Thomas Chidzomba, has appealed to the Chinhoyi High Court against both conviction and sentence for allegedly invading 28 hectares of farmland belonging to white commercial farmer Bosman Daniel Brink in Makonde.
Chidzomba argues that his conviction was not supported by the evidence presented.
According to court documents filed on September 10, 2025, under case number HCCR 1256/25; ex ref Chncd 1432/25, Chidzomba is challenging the ruling by Chinhoyi magistrate Mr Franklin Mkwananzi.
The magistrate had convicted him on charges of contravening Section 3(1) (4) of the Gazetted Lands (Consequential Provisions) Act.
Chidzomba was the only person convicted out of 20 accused, as 19 others were acquitted at the close of the State case.
He was fined US$300 and ordered to vacate Subdivision 1 of R/E Dundrennan Manhenges together with all his belongings by September 10, 2025.
The magistrate warned that failure to pay the fine would result in a three-month jail term.
Represented by Messrs Murisi and Associates, Chidzomba is seeking an outright acquittal.
In his Notice and Grounds of Appeal, he submitted.
“The learned magistrate erred in law and in fact by convicting the appellant when there was no evidence that he had in fact occupied, held or used the piece of Gazetted land… during the period 5 to 18 June 2025 as alleged.”
He further argues that the lower court improperly relied on events that were not part of the charge.
“The court a quo erred… in convicting on the basis that appellant has possessions and some developments on the piece of land when the appellant had been found not guilty and acquitted for the period he held, used and occupied the land,” he submitted.
He asked the High Court to “set aside the verdict… and in its place put the following.
“That the accused person be and is hereby found not guilty and acquitted.”
In his official response to the appeal, Magistrate Mkwananzi stands by his conviction, insisting that occupation had been proven beyond dispute.
“It is common cause that during the period 5 to 18 June 2025… the accused person had his infrastructure, trucks and cattle at the material farm… What occupation, holding or use could surpass this?”
Mr Mkwananzi dismissed the claim that the earlier acquittal protected Chidzomba, saying the accused had simply settled himself on land belonging to another farmer.
“He has his possessions there and has even gone on to make developments which include erecting buildings, a fence and drilling a borehole,” he said.
The case stems from events dating back to April 2025, when Chidzomba and others were accused of occupying the land based on a Special Power of Attorney issued by Mr Kindness Paradza, who later revoked it on May 12, citing it had been issued in error.
The Ministry of Lands, Agriculture, Fisheries, Water and Rural Development subsequently issued an eviction directive on June 5, confirming Brink as the lawful occupier.
However, the group allegedly continued fencing off 28 hectares, constructing buildings and sinking a borehole on the land, which had been idle since 2000.
The High Court is now expected to set a hearing date to determine whether the conviction will stand or be overturned.
