The High Court in Masvingo has overturned the convictions of villagers previously found guilty of illegally occupying gazetted land without lawful authority.
Earlier this year, the Masvingo Magistrates Court had imposed wholly suspended three-month prison sentences on the villagers and ordered them to vacate their homesteads within seven days as part of a government-led wave of evictions across the country.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the villagers appealed the convictions and sentences issued by Masvingo magistrate Ivy Jawona.
High Court Justices Garainesu Mawadze and Sunsley Zisengwe quashed the convictions and annulled the accompanying sentences and eviction orders, ruling that the rural dwellers had been charged, convicted, and sentenced under an incorrect provision of the law. Below is a statement by the ZLHR on the case:
In Masvingo, we managed to get the High Court to overturn the conviction of some villagers, who had been found guilty of illegally occupying gazetted land and had been ordered to move from their homesteads, during a fresh wave of evictions spearheaded by the government across the country, early this year.
The 16 Masvingo villagers had been convicted on 7 February of occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act by Magistrate Ivy Jawona and each of them was sentenced to serve 3 months in prison, which was wholly suspended for a period of 5 years on condition that they do not, within that period, commit an offence involving illegally occupying state land.
In addition, Magistrate Jawona ordered the villagers namely Getrude Hove, Lindiwe Chihuri, Jeniffer Chibate, Steven Mufundikwa, Rangton Mugabe, Takesure Kwashirai, Charles Chinembiri, David Sande, Runesu Runesu, Musa Mugabe, Artwell Mugabe, Evias Leo Mudavo, Sekai Majoni, Tarirai Chivhanga, Carlisto Mutema and James Mugabe, to vacate their land within 7 days of the granting of the court order.
Following the conviction and sentence and the issuance of an order for them to vacate their land, the villagers then engaged Phillip Shumba and Isabel Moyo of the ZLHR, who on 9 February 2024, filed an appeal at the Masvingo High Court against their conviction and sentence and also asked the court to stay their eviction too.
In the appeal, the villagers’ lawyers argued that Magistrate Jawona erred and misdirected herself in convicting and sentencing the villagers to serve jail terms for illegally occupying gazetted land as they had been charged and convicted for committing a wrong offence.
Shumba and Moyo contended that some provisions of the Gazetted Land (Consequential Provisions) Act directly infringes the villagers’ right to freedom from arbitrary eviction guaranteed in section 75 of the Constitution.
After presiding over the hearing and determination of the villagers’ appeal and in exercising their review powers as per the provisions of the High Court Act, High Court Judges Justice Garainesu Mawadze and Justice Sunsley Zisengwe, quashed their conviction and set aside the attendant sentence and order for eviction after ruling that the rural dwellers were charged, convicted and sentenced under a wrong provision of the law.
The two Judges also ruled that the Prosecutor-General has the discretion to proceed with the matter under the appropriate law if she or he so desires.
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