Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South Constituency in the 2023 harmonised elections, Patrick Cheza has appealed to the Supreme Court against a ruling by the High Court giving the Government permission to evict him from his farm.
The Mirror reported that Cheza is the only one among 61 farmers allocated the land who is being evicted.
The prominent Gweru businessman is represented by Nyasha Maguranyanga of Mutendi, Mudisi and Shumba. In his appeal at the Supreme Court, Cheza said:
1. The court a quo erred in holding that the Appellant’s confirmation of land occupation did not confer a prima facie right to the farm In question whereas the same legally confer a right of land occupation in favour of the Appellant.
2. The court a quo erred in making a finding that the Appellant had no right to be consulted and heard by the 19 Respondent before being evicted from the farm in question as an illegal settler, whereas the Appellant at law is entitled to be consulted and heard before any adverse decision is taken against him.
3. The Court a quo erred at law in making a finding that Appellant’s eviction from the farm was legal whereas the same was unconstitutional.
Cheza is being evicted from his 250-hectare farm by the Ministry of Lands, Agriculture, Water, Fisheries and Rural Development.
According to The Mirror, Cheza was allocated the farm which is located near Mvuma under the land redistribution programme. He is now losing investments worth US$200 000.
His farm is said to be one of the most developed under the scheme with greenhouses, boreholes, solar power systems, 105 herd of cattle, 56 high-breed goats, and sheep and 50 full-time workers.
The farm is already being subdivided into smaller plots and the beneficiaries are members of the Joint Operations Command (JOC).
Cheza’s appeal was thrown out by High Court Judge, Justice Mawadze who said the courts have no power over the matter and told him to plead with the Minister.
Justice Mawadze however, conceded in his opening remarks that land issues in Zimbabwe are very emotive and vexing.
The Minister of Lands’s Permanent Secretary Obert Jiri was reported as saying Cheza will not be compensated for developments he made on the farm.
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