Online Reporter
Richard Muponde
CHINHOYI businessman, Thomas Chidzomba, has appealed to the Chinhoyi High Court against both his conviction and sentence for allegedly invading 28 hectares of farmland belonging to farmer Mr Bosman Daniel Brink in Makonde, arguing that his conviction was not supported by evidence.
According to court documents filed on September 10, 2025, under case number HCCR 1256/25, Chidzomba is challenging Chinhoyi magistrate Mr Franklin Mkwananzi’s ruling to convict him on charges of contravening Section 3(1)(4) of the Gazetted Lands (Consequential Provisions) Act.
Chidzomba, who was the only one convicted out of 20 accused persons, after 19 were acquitted at the close of the State case, 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.
In his appeal, Chidzomba argues that the lower court misdirected itself.
He submits that “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.”
Chidzomba further argues that the 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.
Chidzomba is represented by Murisi & Associates.
But in his official response to the appeal, Mr Mkwananzi stood 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 he 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 Chidzombaand others were accused of occupying the land on the strength of a special power of attorney issued by Mr Kindness Paradza, who later revoked it on May 12, saying it had been issued in error.
The Ministry of Lands subsequently issued an eviction order on June 5, confirming Mr Brink as the lawful occupier but the group allegedly continued fencing off 28 hectares, constructing buildings and sinking a borehole.
The land, which is opposite Mr Brink’s utilised farm, had been idle since 2000, when it was previously used as stadia for polo cross.
The High Court is now expected to set a hearing date for the appeal. @muponderichard.
