Lovemore Kadzura
RUSAPE white commercial farmer – Robert Smart – who is allegedly refusing to vacate his farm to pave way for a local farmer with an offer letter has been arrested and hauled before the courts.
Smart is accused of contravening Section 3 (1) as read with Section 3 (3) of the Gazetted Land (consequential provisions) Act Chapter 20, 28 which criminalises the occupation of gazetted land without lawful authority.
The farmer was denying the charges of refusing to vacate Lesbury Farm.
He told the court that his client was staying at the farm with the blessings of senior government officials who promised him an offer letter.
Public prosecutor, Mr Thomas Tumbare told the court that Smart is continuing to unlawfully occupy, hold and use Lesbury Farm without authority since the farm was gazetted for resettlement on June 29, 2001.
“Lesbury Farm was gazetted for resettlement by the State on Gazette VOL XXIX Number 29A dated 29 June 2001. Robert Smart continued to occupy Lesbury Farm. By 27 May 2015 the accused person had not vacated the farm thereby violating the law,” said Mr Tumbare.
Provincial magistrate Mr Shingi Mutiro adjourned the matter to March 14 to allow the State to look for the original Gazette since the defence is contesting the photocopied one which the State once to produce as an exhibit.



