Chronicle Editor
Mashudu Netsianda and Rutendo Ngara, Court Reporters
BULAWAYO magistrate Mr Tinashe Tashaya on Monday refused to accept a petition by a group of war veterans who have allegedly invaded Umvutchwa Farm in Umguza district.
The war veterans were acting in solidarity with their two colleagues, Ernest Buseti (47) and Chikunda Sibanda (67), who were convicted of contempt of court.
Buseti and Sibanda were recently arrested for illegally settling on Umvutchwa Farm whose owner is Mr Michel Fletcher. The illegal settlers, who have been at the property since 2008, recently lost their case at the High Court.
While other illegal settlers vacated the farm, Buseti and Sibanda failed to comply with the court order prompting Mr Fletcher to report them to the police for contempt of court.
The two accused persons were convicted of contempt of court by Mr Tashaya and remanded to today for sentencing.
The magistrate said contempt of court is a serious offence which warrants a custodial sentence.
“The courts have to jealously guard court orders and citizens must also comply with court orders. Failure to comply with a court order sends a wrong message to the public and in this case, the accused persons returned back to the land after the Messenger of Court had served them with eviction letters,” said Mr Tashaya.
“People should know that courts are not toothless bulldogs. They have biting teeth and the law doesn’t condone people who breach court orders.”
Mr Tashaya said there is a need for litigants to respect legal processes.
“Citizens must respect the court decisions and if they feel that justice did not prevail, they should use proper channels to communicate their grievances rather than defying court orders. Litigants have an obligation to respect the courts,” he said.
Prosecuting, Ms Memory Matare said sometime in March 2008, Buseti and Sibanda were allegedly resettled at Umvutchwa Farm belonging to Mr Fletcher and the farm owner challenged their occupation of the property in court under case number 211317.
“On August 6, 2019, the Bulawayo magistrate’s court ruled that the plaintiff (Mr Fletcher) was supposed to be the one occupying the land in question and ordered the defendants to vacate the premises. Eviction notices were served on the defendants by the Messenger of Court on June 4, 2019,” said Mrs Matare.
The court heard that the accused persons refused to comply.
A report was made to the police leading to the arrest of the two accused persons. – @mashnets @missngara
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