Chronicle Editor
Peter Matika, [email protected]
A TOTAL of 180 villagers from Nyandeni area in Gwanda district, Matabeleland South, last week appeared in court facing charges of illegally occupying State land.
The villagers were arrested early this month for illegally occupying Hollins Block Estate in the district.
The group is being represented by Zimbabwe Lawyers for Human Rights lawyer through its lawyers Mr Jabulani Mhlanga and Mitchell Chigova of Mabhikwa and Partners Legal Practitioners.
The group appeared in court last Friday and was remanded out of custody to 26 March this year for the commencement of trial.
In their defence, through their lawyer, Mr Mhlanga the villagers argued there was no adequate evidence linking them to the offence.
ZLHR said the villagers were being charged for occupying State-gazetted land without lawful authority as defined in Section 3 (1) (4) as read with Section 5 of the Gazetted Land Consequential Provisions.
“The 180 villagers, who include a nonagenarian, octogenarian, septuagenarians, sexagenarians, and youths, were apprehended by Zimbabwe Republic Police officers on February 7, 2024, during a dragnet arrest. They were summarily charged with occupying gazetted land without lawful authority as defined in Section 3 (1) (4), as read with Section Five of the Gazetted Land Consequential Provisions,” said ZLHR.
“Prosecutors alleged that the 180 villagers, who reside in Nyandeni community in Gwanda North in Matabeleland South province, unlawfully held, used, or occupied land at Hollins Block Estate in Gwanda, which is gazetted land and without lawful authority.”
ZLHR said the villagers endured two nights in police detention and were only set free on February 9, after prosecutors declined to prosecute them after they were challenged by lawyers on how the arrest was effected.
Last week, an 81-year-old Bulawayo man was charged with illegal occupation of gazetted State land. Michael Alister Fletcher is set to appear in court facing five counts of illegally occupying a piece of land on the outskirts of the city and defying the Government’s orders to vacate the land.
Fletcher, who resides at Umvutsha Cottages, is accused of illegally occupying Hamba Gahle Farm, despite the farm being gazetted by the Government as a resettlement area.
Fletcher was meant to initially appear in court last Thursday, but the matter was then postponed to today, as the State is making further inquisitions into the matter.
Fletcher is being represented by Mr Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers.
Mr Masamvu said Fletcher is challenging the accusations and is set to state his case when he appears in court.
Over 3 700 suspected land barons and squatters have been arrested with 985 convictions in the courts, while 3 360 cases are pending trial since January as the Government clamps down on the proliferation of illegal settlements across the country.
Following the recent increase in illegal settlements on agricultural land and pastures across rural and urban areas, the Government has ordered the concerned culprits to promptly vacate the areas or face the wrath of the law.
According to the Land Commission Act, it is a criminal offence in terms of the Gazetted Lands (Consequential Provisions) Act to occupy State land without lawful authority in the form of a permit, an offer letter, or a lease.
Traditional leaders are also not allowed to sell land and those found guilty will be punished.
Minister of Lands, Agriculture, Fisheries, Water and Rural Development Dr Anxious Masuka said the Government would not regularise those that settle themselves on State land without procedurally issued tenure documents.
“Government has noted with concern the increased number of illegal settlers on agricultural land. As a result, the public is notified that only the Minister of Lands, Agriculture, Fisheries, Water and Rural Development is authorised to issue tenure documents on agricultural land, as he administers relevant Acts assigned to him by the President,” he said.
Government has directed all local authorities to cease the selling of communal and agricultural land with immediate effect.
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