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a new twist with the chief arguing the farmers continued stay at Lion Kopje Farm was a violation of his constitutional rights.
The new farmers approached the High Court last week seeking an interdict to stop Chief Zvimba and the police from forcibly ejecting them from the farm pending the finalisation of the matter. Responding to the order sought by the farmers, Chief Zvimba said they were lawfully notified to vacate the farm to a new area allocated to them.
The chief’s lawyer, Mr Tafadzwa Mugabe of Nyakutombwa law firm, filed the response at the High Court on Monday. In his papers, Chief Zvimba argued that it was only when the farmers refuse or fail to heed a lawful notice that the action to forcibly remove them from the farm will be taken.
“It is equally noteworthy that applicants are in fact double dipping by wanting to cling on to Lion Kopje farm in one breath yet they have been allocated land elsewhere.
“If anything I am the one who stands prejudiced by applicants’ selfish behaviour of wanting title to two pieces of land.”
The chief further argued that the fact of the matter was that applicants (farmers) simply did not want to go to their new land.
“Regrettably the instant application is not the procedure to make those representations, a forum exists in the form of the Lands Ministry.”
He submitted that the farmers’ occupation of the farm has been unlawful since they were given up to August 15 to vacate. He also claimed that their occupation of the farm had been tainted with illegality since 2007, for want of compliance with the law governing the occupation of the land acquired under the land reform.
Chief Zvimba wants the High Court to dismiss the application by the farmers arguing they have approached the court with dirty hands. On that basis alone, Chief Zvimba argues, the farmers ought not to be granted any further audience adding that their stay at Lion Kopje Farm became unlawful and remains so by operation of law in the form of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28].
He submitted that the applicants have been in occupation of the farm for well over the 45 days, without any form of authority, thus rendering their occupation illegal.
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“Their hands are dirty and undeserving of the protection offered in these halls of justice. I am advised that applicants’ occupation of Lion Kopje Farm is equally unlawful for want of compliance with the Act.
“The eviction is sanctioned by the law . . . applicants cannot be heard to speak of and cry to the law which they have been in flagrant disregard all along,” he argued.
The land dispute has also sucked in Lands and Rural Resettlement Minster Herbert Murerwa, Mashonaland West Governor Faber Chidarike, the district administrator and police officer commanding Mashonaland West Province, who are all cited as respondents in the case.
Mr Ben Mutambu, who is representing 28 other resettled farmers, deposed an affidavit in which he said they were allocated land under the A1 land resettlement programme at Lion Kopje Farm in 2004.
He argued that officials from the Lands Ministry had indicated to them on August 6 that they had to vacate by August 15 failure of which riot police would be dispatched.
He said if they are to be moved Chief Zvimba would have to follow the due process of the law of eviction adding that the notice of 10 days was unreasonable. The matter, which was supposed to be heard on Monday, has been moved to sometime next week.
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