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Court Reporter
THE Government wants to reduce the size of the 3 099-hectare farm allocated to former Cabinet Minister, Ignatius Chombo, to a standard size and then subdivide the remainder and resettle other people seeking land, but has been blocked from doing so until the courts have ruled on its legality.
Chombo has occupied the large Allan Grange Farm in Zvimba for more than 20 years.
Government wrote to Chombo last September advising him of the cancellation of a 99-year-lease issued to him in 2006 to pave way for the subdivision and resettlement of new farmers.
He did not agree and took the Minister of Lands, Agriculture, Fisheries, Water and Rural Development, Dr Anxious Masuka, to the High Court, contesting the decision.
While the matter is still pending in court, Minister Masuka started the process of subdividing the farm for resettlement of new farmers.
Chombo, through his lawyer Professor Lovemore Madhuku, then approached the High Court on an urgent basis seeking a provisional order blocking the Government from subdividing his farm until his main suit is determined.
Justice Lucy-Anne Mungwari granted the application by Chombo and interdicted the Government from partitioning the farm until the determination of the pending dispute in the same court.
Courts grant such interdicts in the middle of cases when it is difficult to reverse the action.
If the High Court eventually decides against Chombo, the subdivision will proceed.
“The interim interdict be and is hereby granted. The Minister and all those acting through him be and are hereby interdicted from conducting a re-pegging exercise and settling of new occupants on Chombo’s farm namely Subdivision 1 of Allan Grange farm in the district of Zvimba in Mashonaland West measuring 3098,81 hectares,” Justice Mungwari said.
“The Minister and all those acting through him be and are hereby interdicted from interfering in any way and form with farming operations on the farm by Chombo, his assignees and agents.”
Chombo rushed to the High Court after he reportedly received calls on March 23 from Lands officials, under the Minister’s instructions, advising him that his farm was subject to re-pegging.
His legal counsel wrote to the Minister challenging the takeover of the farm but got no answer.
Instead, on March 29 and April 4, some officials from the Lands ministry started the re-pegging process.
Prof Madhuku argued that the Minister had no powers to cancel the 99-year-lease in terms of the Land Commission Act.
He also argued that Chombo had made substantial developments at the farm.
As it is, the court heard that about 504 hectares of arable land under irrigation have been planted with soya, maize and potatoes, while the rest of the farm is reserved for cattle and goat ranching.
Chombo was allocated the farm in 2001, and subsequently had a 99-year lease agreement approved in 2006.
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