October 23rd, 2012
A Beatrice farmer is resisting eviction from State land claiming that he was re-allocated the piece of land under the land reform programme. This has prompted A2 farmer Mr Aaron Madziva to approach the High Court seeking to evict Mr Gerald Douglas Davidson from Xekene Farm on the strength of an offer letter in his possession.
Through his lawyer, Mr Nelson Mashizha of Takundwa and Company, Mr Madziva cited Lands and Rural Resettlement Minister Herbert Murerwa as a respondent in the matter.
Mr Madziva was given the offer letter to occupy the farm in December 2008. He is seeking an order evicting the farmer and instead declare him the rightful owner of the farm.
Mr Madziva said from the time he received his offer letter, he had explored all diplomatic ways of seeking a lawful handover of the property from Mr Davidson.
“It has now dawned on me that all my sound efforts to do everything in accordance with the law have been grossly abused by the indifferent attitude to the law by the first respondent (Davidson),” said Mr Madziva in his court papers. He said Mr Davidson’s open defiance of the law left him with no option, but to seek legal recourse.
Mr Davidson is opposing the eviction.
“The matter was dealt with by a competent court of law,” he said.
In a judgment already registered with Administrative Court, Mr Davidson said it was agreed that the State would acquire a piece of land commonly known as Lisbon Extension while he kept Xekene Extension.
“It is improper, therefore, for the applicant to approach the court seeking a declaratory order in a matter that has already been dealt with by the Administrative Court, by the consent of the parties,” he said.
Two years ago, Mr Madziva sought the eviction of Mr Davidson through criminal prosecution under section 3(2) of the Gazetted Lands (Consequential Provisions) Act.
The Act criminalises the continued occupation by the owners or occupiers of land acquired in terms of the Constitution of Zimbabwe beyond the prescribed period.
The defence raised an exception on grounds that the matter was res judicata (dealt with by a competent court of law).
It also argues that dealing with the matter now would be tantamount to reviewing the order of a superior court.
The case is coming to court two years after the full bench of the Supreme Court made an explicit ruling on the land issue.
The judiciary’s apex court reiterated and confirmed that farmers and occupants whose land had been acquired in terms of the Constitution of Zimbabwe cannot challenge the legality of such acquisition in a court of law.
Chief Justice Godfrey Chidyausiku delivered the landmark ruling in November 2010.
Source: All Africa
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