Court orders Chief Zimunya off farm

HARARE - The High Court has evicted Kibben Bvirindi — the reigning Chief Zimunya — from Odzi Farm after he reportedly grabbed the property illegally from a white farmer.

This followed an urgent chamber application by the white farmer — Phillip Valentine.

In his application, Valentine cited Bvirindi, the district Lands officer only identified in court papers as Matendera, a man only identified as Moyo, the Manicaland provincial Lands officer and Lands minister Douglas Mombeshora, as respondents.

“ . . . an interim order is granted on the following terms, that first and third respondents (Bvirindi and Moyo) and all those claiming occupation through them restore the applicant (Valentine)’s possession of Odzi Farm, Manicaland Province, Mutare forthwith.

“The first and third respondents and their agents are interdicted from harassing the applicant and his family or his workers in whatever manner,” the High Court order reads.

According to court papers, Valentine was in peaceful occupation of the farm before Bvirindi and Moyo reportedly took over occupation of the property on October 24 this year.

“The applicant (Valentine) is out of his property after he was forced out and all his property was taken by the first and second respondents (Bvirindi and district Lands officer).

“The first respondent claims that he has an offer letter but same could not be true since

the applicant is in lawful possession of the farm and at any event if such an offer do exist, then it is unlawful as it could have been issued in error,” Valentine’s lawyers, from Mugiya and Macharaga Law Chambers, said.

They argued that the chief and his colleagues must not be allowed to take the law into their own hands by illegally occupying the property.

The lawyers further argued that Valentine could not be evicted, together with his family, without a court order.

“The applicant will definitely lose all his property, including the wheat which is due for harvesting if the first and third respondents are not tamed.

“The police have refused to assist the applicant, claiming that it is a civil suit,” the lawyers argued.

Valentine, in his affidavit, claimed that the respondents once caused his arrest in terms of Section 3 of the Gazetted Lands (Consequential) Act, leading to his conviction by the Mutare Magistrates’ Courts.

He, however, said that he has since appealed against the conviction and sentence.

“The said conviction has not been registered as a civil court order in terms of the law, and in fact on the basis of my appeal, it is no longer registrable until the appeal is finalised.

“It is clear that the first and third respondents’ conduct is a serious threat to the rule of law and this court should frown at people who take the law for granted and into their hands,” he said.

Comments (2)

It's so sad! Land reform didn't work! I hope this chief gets jailed

Young Zimbo - 11 November 2016

What do you want these farms for, when upon after six months you seek a J.v with a white man and in the J.v you are only providing land. Stupid Zimbos fooled by an old President to just think of looting, destroying the backbone of the country, which is agriculture

Donald Trump - 12 November 2016

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