Online Reporter
Ray Bande
Senior Reporter
TWO Rusape siblings, Lycias and Hudson Muchatiza, were yesterday remanded in custody by a Rusape magistrate following their arrest by the Zimbabwe Anti-Corruption Commission (ZACC) for illegally parcelling out more than 20 hectares of land on the outskirts of the town.
The two Muchatiza brothers appeared before Rusape magistrate, Mr Tendai Mahwe, for allegedly contravening Section 63 of the Lands Commission Act (Chapter 20:29), which criminalises the parcelling out of land without the consent of the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development.
They allegedly parcelled out 12.1 hectares of land to Samuel Bondore and 8.8 hectares to Embassy Chiwanza without authorisation from the ministry. They were remanded to today for bail consideration.
The complainant in the case is the State, represented by Mr Phibion Chitida, who is employed by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development as the district lands officer.
Prosecutor, Ms Faith Mutukwa, told the court that the accused persons are both children of Rwatirinda Muchatiza and Elizabeth Matsikira, residing at Crofton Farm, formerly owned by Mr Gerald Leonard Ziel, and was gazetted in the Government Gazette as General Notice 229/2004 for acquisition by the Government.
Ms Mutukwa told the court that the land measuring 1380 acres was subdivided and allocated for agricultural development to citizens and permits were issued to them through the District Administrator’s Office.
However, in 2014, issuance of permits was given solely to the Ministry of Lands, and only the Ministry can legally allocate, lease or permit use of this land.
Ms Mutukwa also told the court that Crofton Farm is not under traditional leadership structures and does not recognise any claims to village head titles within its jurisdiction.
Sometime in 2001, Rwatirinda Muchatiza was allocated Plot 14A of Crofton Farm in Makoni District of Manicaland, measuring 15 hectares, under the land reform programme.
The court heard that sometime in July 2013, Rwatirinda Muchatiza passed away, and his wife, Elizabeth Mutsikira, was made the executor of the farm and later processed cession of the farm to her name. The farm was also being managed by her two sons – Lycias and Hudson Muchatiza.
Sometime in 2020, Hudson Muchatiza invited Embassy Chimwanza and Samuel Bondore to farm on Plot 14A of Crofton Farm.
Ms Mutukwa said Hudson Muchatiza and Lycias Muchatiza proceeded to authorise and allocate to Samuel Bondore and Embassy Chimwanza pieces of land within Plot 14A, which belongs to the Muchatiza family under Elizabeth Mutsikira’s name.
Investigations established that Hudson and Lycias Muchatiza authorised Embassy Chimwanza to commence farming activities on the land measuring 8.82 hectares on Plot 14A Crofton Farm, and he has since built a five-roomed house, a tobacco barn, grading shade, two poultry structures and deep well without obtaining authority from the parent ministry.
Ms Mutukwa told the court that investigations also established that Bondore constructed a five-roomed house, three cattle kraals and deep well, sitting on unallocated 12.1 hectares of land in Crofton Farm without obtaining the authority of the ministry.
The court also heard that investigations further established that Hudson and Lycias Muchatiza did not make any application to the ministry or consult it before subdividing and allocating pieces of land to Chimwanza and Bondore.
Bondera pleaded guilty and was today sentence to 30 days in jail or US$150 fine, and all the people claiming occupation of the land should be evicted by May 30, 2026.
The accused persons did not consult or notify before allocating the piece of land and, as a result of their action, the ministry was prejudiced of the right to administer that piece of land.
The accused acted unlawfully by illegally allocating and authorising State land over which they had no authority.
