Weeks of stress, uncertainty and anxiety for nine Moshandek villagers who have been facing eviction from their homes for more than 20 years have been brought to an end under the just-ended Operation No Land Barons Order, after the group suspended its operations. The eviction order was quashed in the Masvingo High Court on 28 March 2024.
The appellants, Simplicio Mugurungi, Witsi Chibamore, Gladys Mugurungi, Thomas Dzimbanheti, Dzingira Chipatiso, Tazvivenga Chipatiso, Lameke Makanda and Farai Tawia, are fortunate to be spending the Easter holidays at home while awaiting the appeal hearing against the conviction and sentence. To be heard at the High Court in Masvingo during the second term of the Supreme Court.
The appellants had earlier appeared before the Masvingo Magistrate’s Court and faced charges of occupying gazetted land without legal authority. They were found guilty after a full trial on 13 February, given three-month prison sentences fully suspended on good behavior conditions and ordered to vacate the land in question on or before 31 March 2024.
The group was not satisfied with the ruling and through their lawyer Yolander Chandatta, they filed an appeal with the Magistrate Court where the order was again rejected as the court said that the appellants were illegal settlers and that the notice period was reasonable enough.
The matter was also taken to the Supreme Court where it was appealed on March 26 and the matter is scheduled to be heard on March 28 given its urgency.
The matter was brought before Justice Sonsley Zisingwe based on the judge’s ruling that the nine appellants were illegal settlers because they did not have the required papers namely permit, lease or offer letter.
They argued that the court erred in that the appellants were not illegal settlers in the strict sense of the matter, but rather were persons who had been settling on the land for more than 20 years and had been making payments to the relevant local authority while residing on the land. Private land.
Furthermore, the law which the appellants were said to have violated was not the best to address the matter as they were charged with violating the Gazette Land Act. The court-issued newspaper was a 1982 newspaper, but the law they were said to have breached was a 2006 law and so, as a matter of law, they could not be charged with an offense said to have occurred before the law became law. It is more than the law enforcement of the past.
It was also observed that the appellants had high prospects of success in their appeal because they obtained information from government officials to reach a settlement regarding that piece of land based on that incorrect information.
They said the court should have acquitted them because they had not settled themselves but were acting on the instructions of a government official, which error would have led to their acquittal.
Regarding the eviction order, the group said they are people with lifelong investments as this is the place they call home with structures, houses, wells and other viable projects as they are all farmers and then giving them a notice period to vacate the place by March 31 is unreasonable considering the astronomical efforts. made by the applicants.
The Supreme Court ruled to accept the appeal against the investigating judge’s refusal to stop the implementation of the eviction order, and ordered the eviction order to be suspended until the appeal is heard. Telezem News
