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Several villagers in Hurungwe were spared eviction from their ancestral land following an intervention by Zimbabwe Lawyers for Human Rights (ZLHR).
According to ZLHR, in August 2024, villagers from Nyamadzawo (also known as Zinyama) in Magunje, Hurungwe District, Mashonaland West province, including Village Head Satchmore Chigumbura, received letters from the Hurungwe Rural District Council (HRDC).
The letters informed them that their village was designated for undisclosed “special purposes” and development under section 10(1)(1) of the Communal Lands Act.
The villagers were instructed to demolish their homes by 30 September 2024 or face forced compliance by the local authority
In response to the eviction notices, Village Head Satchmore Chigumbura, along with Nesbert Chinanzvavana and Emmanuel Chinanzvavana, sought legal assistance from Tinashe Chinopfukutwa and Kelvin Kabaya of Zimbabwe Lawyers for Human Rights (ZLHR).
On 24 September 2024, they filed an urgent chamber application at the Chinhoyi High Court. They aimed to prevent the HRDC from evicting the villagers and demolishing their homes, arguing that such actions would be unlawful and violate section 74 of the Constitution, which protects against arbitrary eviction.
In their application, the villagers contended that the HRDC could only evict them after obtaining a court order authorising such actions.
They pointed out that HRDC had not served them with any court process or order permitting the demolitions or evictions by the 30 September 2024 deadline.
The villagers argued that no statutory instrument had been gazetted to indicate that Zinyama village was designated for development purposes, as required by section 10(3) of the Communal Lands Act.
Therefore, they claimed that the setting aside of their land for development was unlawful, making the intended evictions and demolitions illegal.
The villagers argued that under section 12 of the Communal Lands Act, the HRDC is required to provide alternative land or negotiate compensation if no alternative is available.
They claimed HRDC had neither offered alternative land nor engaged in discussions about compensation for their communal land loss.
On October 2, 2024, Justice Philda Muzofa of the Chinhoyi High Court ruled that HRDC could not evict the villagers or demolish their homes without adhering to proper legal procedures.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Human Rights Lawyers helped villagers in Hurungwe stay on their land. The villagers were told to leave by the local council but got legal help. They went to court to stop the evictions, saying it was not fair. The court agreed and said the council must follow the law. The council couldn't kick the villagers out without permission from the court. The villagers were happy that they could stay in their homes. The lawyers did a good job protecting the villagers' rights.

Human Rights Lawyers Save Hurungwe Villagers From Unlawful Evictions

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:
<blockquote>
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.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The High Court in Masvingo helped villagers who were convicted of living on land without permission. Earlier, they were given suspended prison sentences and told to leave their homes. The villagers appealed, saying they were charged with the wrong law. The High Court agreed and overturned the convictions. The judges said the villagers could be charged again under the right law if needed. The Zimbabwe Lawyers for Human Rights helped the villagers in this case.

High Court Grants Relief To Villagers Convicted Of Illegally Occupying Gazetted Land

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:
<blockquote>
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.
</blockquote>
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.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC Candidate, Patrick Cheza, Fights For His Farm In The Supreme Court

Prominent Gweru businessman, Patrick Cheza, who was the Citizens’ Coalition for Change (CCC) candidate for Chirumhanzi South in the 2023 general elections 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.
Cheza, who was detained for several weeks during last year’s elections, is reported to be the only farmer out of 61 under the same scheme who is being evicted.
He was accused of assaulting ZANU PF Barbra Rwodzi following an argument over an accident which had occurred along Chaka‐Charandura Road in Chirumhanzu.
His farm is 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 Mirror further reported that Cheza’s 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.
The seizure of Cheza’s farm shows the total lack of security of tenure in the country’s laws and that it is risky for businesspeople to associate with opposition parties as they can easily lose their hard-earned investments to “the system” with nowhere to seek justice.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Former CCC Parliamentary Candidate, Patrick Cheza, Evicted From 250-hectare Farm

The demolitions of poor people’s homes and other structures across the country to deal with illegal occupations of State land are mainly driven by three factors: politics, power and money.
<a href="https://thenewshawks.com/reasons-for-mnangagwas-ruthless-house-demolitions/">The NewsHawks</a> cited sources as saying President Emmerson Mnangagwa and Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi are using power and politics to create a new land market where money would be the main determinant of land occupations and settlements. One unnamed government official was quoted as saying:
<blockquote>
The minister has made it clear to us in government what’s going on here. The land belongs to the President, which means he uses his power for its spatial distribution and his politics of patronage and loyalty influence the dynamics of it.
But in the end, money will take centre stage and the land will now be sold at market rates, creating a new land market which is driven by power and politics. It’s a symbiotic relationship.
Since the beginning of February this year, authorities have demolished houses and settlements built on land acquired illegally in peri-urban communities including, for example, Gutu and Mushandike in Masvingo province, Chipinge in Manicaland, Dema and Goromonzi in Mashonaland East and different other places.
The illegal settlers bought the land from village heads and land barons linked to ZANU PF.
</blockquote>
The NewsHawks reported a source as saying it is also the government’s intention to sell the land after demolitions to create a new market in which ordinary people pay fair value for land even though Mnangagwa and other ZANU PF leaders got land for free. Said source:
<blockquote>
To be sure, the demolition of informal houses and structures is not a new phenomenon in Zimbabwe and elsewhere. 
What is new is some of the political actors, policy approach, frequency and intensity, as well as the motives and visibility which do vary.
What is new is the intensity, frequency, and agency (visibility and changing dynamics of its triggers and mechanisms of its unfolding in specific contexts).
There are three objectives of the demolitions: politics, power and money. These are the real underlying motives.
From the top, that is the Office of the President and Cabinet down to the minister’s office and government officials’ positions, they are all aware of the agenda.
The President and the Minister of Justice know very well what this is all about. It’s an elite project being driven by those who own land and houses which mostly they didn’t even buy in the first place. It’s hypocrisy of the worst order.
Of course, the rule of law must apply whenever there are illegal activities and criminality, but it must be applied even-handedly not just to the poor and vulnerable as the situation shows at the moment.
</blockquote>
In 2005, the ZANU PF-led government launched “Operation Murambatsvina” (Clear Filth) which resulted in mass evictions of urban dwellers from housing structures and the closure of various informal sector businesses throughout the country.
According to the United Nations, 700 000 people were forcibly evicted from their homes, made homeless or lost their source of livelihood.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mnangagwa's House Demolitions Mainly Driven By Politics, Power And Money | Report

Two village heads from Nyamandlovu appeared before Bulawayo Magistrate Maxwell Ncube on Friday, 23 February facing a charge of unlawfully allocating 38 stands to home seekers.
As reported by the <a href="https://newsday.co.zw/southerneye/local/article/200023533/village-heads-up-for-selling-state-land">Southern Eye</a>, the accused are Chikombingo Moses Nyamande (84) and village development committee member Danisa Nyathi (59).
They were not asked to plead before being remanded to 21 March for trial.
Nyathi and Nyamande are resettled farmers on gazetted State land.
It is the State’s case that since 21 January 2023, Nyamande and Nyathi have allocated stands to 38 villagers without State authority.
The villagers allegedly moved onto the land and built structures.
On 22 January this year, police received a tip-off that the duo were illegally parcelling out State land and visited the area where they discovered that 38 illegal settlers had already built housing structures.
The accused failed to produce documentation authorising the settlers to occupy the land in question leading to their arrest.
Police recently launched “Operation Order No To Land Barons” targetting people accused of being irregularly settled on State land.
This has resulted in the arrest of hundreds of villagers across the country.
Four village heads from Dema in Mashonaland East Province were convicted after appearing in court for selling stands in undesignated places and pocketing the proceeds.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Village Heads In Court For Selling State Land

The Zimbabwe Congress of Trade Unions (ZCTU) has criticised the government’s approach in dealing with illegal occupations of land and likened the eviction of villagers to the seizure of Arab land by Jewish settlers in Palestine since 1948.
This comes after the government demolished the homes of some villagers in Masvingo and Matabeleland South provinces raising fears that the nation is slowly backsliding to the 2005 Operation Murambatsvina demolitions.
Many occupants facing demolitions had settled in the areas for decades only to be arrested and prosecuted for illegal land occupation.
Speaking to <a href="https://www.newzimbabwe.com/labour-blasts-govts-zionist-approach-to-land-evictions/">NewZimbabwe.com</a> on Tuesday, ZCTU secretary general, Japhet Moyo implored government officials to be humane and desist from creating a needless humanitarian crisis. Said Moyo:
<blockquote>
Land is a right and thus should be accessible to all individuals. In the past, we have noted the regularisation of informal settlements for political expediency.
Now that elections are over, politicians are looking the other way as if nothing is happening.
We are faced with a humanitarian crisis, we expect the government to approach the issue with cool heads.
A “Zionist” approach towards alleged illegal settlers is not a solution.
</blockquote>
Moyo said the ZCTU stands against the perpetuation of exclusionary colonial laws adding that some villagers are being evicted by greedy political bigwigs who want more land for themselves. He said:
<blockquote>
The same laws being invoked to evict villagers are also undermining the authority of traditional leaders who settled the villagers in the first place.
These villagers were not settling themselves, but they got a go-ahead from traditional leaders and in some cases, they got a go-ahead from land officers.
The operation has exposed our government’s ineptitude. It left the villagers undisturbed for decades only to bombard them with evictions on short notice.
If our leaders have the conscience and time for some soul-searching, they will realize their errors and omissions.
</blockquote>
On 13 February this year, the Zimbabwe Republic Police said 3 700 people had been arrested countrywide under the ongoing Government operation dubbed “No To Land Barons and Illegal Settlements on Land”.
According to the Police, 28 people were arrested in Tokwane-Ngundu Resettlement, 26 people were arrested for allegedly occupying grazing lands and distributing gazetted land to their relatives at Lazy Five Farm in Karoi, and 123 people were arrested at Enyandeni Resettlement Area, Gwanda.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZCTU Condemns Govt's "Zionist" Approach Towards Illegal Land Occupiers

Human rights have stopped the eviction of some villagers in Masvingo Province who had been ordered to vacate their homesteads after they were convicted of illegally occupying state land.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the villagers are victims of a fresh wave of evictions spearheaded by the government across the country.
They were convicted on 7 February for occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act by Masvingo Magistrate Ivy Jawona, who sentenced them to serve 3 months in prison, which was wholly suspended. Said ZLHR:
<blockquote>
In addition, Magistrate Jawona ordered the villagers to vacate their land within 7 days. The villagers then engaged Phillip Shumba of the Zimbabwe Lawyers for Human Rights (ZLHR), who on 12 February 2024, filed an appeal at Masvingo Magistrates Court on behalf of the villagers, seeking to stay their eviction from their land pending the determination of their appeal against both conviction and sentence, which was filed at Masvingo High Court.
On Wednesday 14 February 2024, Magistrate Jawona granted the villagers’ application for a stay of eviction pending the determination of their appeal at Masvingo High Court.
Magistrate Jawona ruled that staying the villagers’ eviction would not prejudice the state while the rural dwellers would suffer prejudice if their conviction and sentence for unlawfully occupying state land gets overturned by the High Court on appeal.
In the appeal, which was filed at Masvingo High Court on 9 February 2024, the villagers argued that Magistrate Jawona erred and misdirected herself in convicting and sentencing them to serve jail terms for illegally occupying gazetted land as some of them have been in occupation of their land for more than 40 years and had effected tremendous improvements to their land.
The villagers want the High Court to overturn their conviction and set aside their sentence and refer their matter to the Constitutional Court for a determination of the constitutionality of their eviction.
The villagers argued that they were allocated land by the council, which on its own, raised constitutional questions that ought to have moved the court to invoke the provisions of section 175(4) of the Constitution and refer the matter to the Constitutional Court.
They contended that section 3(5) of the Gazetted Land (Consequential Provisions) Act directly infringes their right to freedom from arbitrary eviction guaranteed in section 74 of the Constitution.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Reprieve For Evicted Masvingo Villagers

Members of Parliament on Tuesday pleaded with the Government to show empathy towards illegal settlers who are facing evictions, arrests and the destruction of their homes countrywide.
As reported by <a href="https://www.newzimbabwe.com/mps-plead-with-govt-to-treat-illegal-settlers-with-empathy-as-evictions-intensify/">NewZimbabwe.com</a>, the lawmakers argued that though the Government was enforcing the law, the timing was wrong as the country is battling a cholera outbreak and in the middle of the rainy season.
Midlands Proportional Representative MP Tsitsi Zhou (ZANU PF) said the illegal allocation of land dates back to 2004. She said:
<blockquote>
Some evictions are ongoing countrywide and people are being arrested and taken to courts because they are settled illegally in resettlement and communal areas.
The government had taken a position to first identify land to allocate the illegal settlers in communal, resettlement and urban areas.
We need to appreciate the population growth and the government should treat illegal settlers the same way, whether they are in urban or communal areas with empathy to achieve the desired results.
</blockquote>
The Speaker of the National Assembly, Jacob Mudenda, asked the MP to clarify whether she was condemning the Executive for implementing the law or not. Said Mudenda:
<blockquote>
The Executive is administering the law. What is the problem? You are condemning how the evictions are taking place?
</blockquote>
However, Zhou said it was how the process was being done that needed to be revisited. She said:
<blockquote>
I would like to believe that people have a right to shelter. There has been population growth since the Land Reform Programme and rural-to-urban migration.
Whilst we appreciate this, people are being resettled illegally. They are allocating land to each other through the village heads, councillors and all.
</blockquote>
Mudenda concurred with Zhou that the matter could be of national interest but requested her to ask the question to the relevant minister (Anxious Masuka) during the Q and A session. He said:
<blockquote>
Well, that may be a matter of national interest. I think you need to ask the question tomorrow. That will suggest what you are observing.
There is no way you can stop the Executive from evicting people who have illegally settled themselves.
</blockquote>
Maxwell Mavhunga (CCC) told Parliament that the timing of the evictions and not the enforcement of the law was wrong. He said:
<blockquote>
The enforcement is not the issue but the timing of the enforcement. It is during the rainy season and people have nowhere to go.
We are in a pandemic where there is cholera and people are being displaced at this particular time.
We have people on farms who are being evicted when they have planted their crops and they are told to leave within seven days.
</blockquote>
According to human rights lawyers, hundreds of villagers across the country have been evicted from their ancestral land by the Government for allegedly occupying gazetted land without lawful authority.
Some of the villagers have been in occupation of their land for more than 40 years and made tremendous improvements to their land.
Critics have dubbed the ongoing evictions “Murambatsvina 2” alluding to Operation Murambatsvina which was a large-scale, slum clearance operation in urban areas which was conducted in 2005.
An estimated 700 000 people lost their homes and/or livelihoods, with a further 2.4 million people indirectly affected. An estimated 92 460 homes were destroyed during the blitz.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

MPs Criticise Evictions, Arrests Of Illegal Settlers

Self-exiled former Minister of Foreign Affairs, Walter Mzembi, has suggested that ZANU PF has been hijacked by imperialists and neoliberals who are now forcing rural people off State land.
Mzembi said the ruling party would not evict landless people even if they occupied State land illegally and would instead, regularise the irregular settlements as happened with the Fast-track Land Resettlement Programme around the year 2000.
He made the comments in response to the Government’s ongoing “No To Land Barons and Illegal Settlements on Land” operation which has resulted in more than 3 700 arrests countrywide.
Posting on X, Mzembi said the law can easily be amended to align with the situation on the ground, adding that nothing stops President Emmerson Mnangagwa from putting the evictions to an end. Said Mzembi:
<blockquote>
ZANU PF will not evict the landless even if they are on State land illegally, unless it has been hijacked by imperialists and neoliberals.
Fast Track Land Reform in itself was an illegality according to the laws of the land of the time.
Law is a product of a political process, so it was made legal by the political objectives of addressing skewed land ownership of the time.
So we have a revolutionary precedent that prevents abuse of the landless in the name of the law.
President Mnangagwa is symbolically what the King is in England except we are a Republic but he can stop this bureaucratic nonsense on instruction.
</blockquote>
According to human rights lawyers, hundreds of villagers across the country have been evicted from their ancestral land by the Government for allegedly occupying gazetted land without lawful authority.
Some of the villagers have been in occupation of their land for more than 40 years and made tremendous improvements to their land.
Critics have dubbed the ongoing evictions “Murambatsvina 2” alluding to Operation Murambatsvina which was a large-scale, slum clearance operation in urban areas which was conducted in 2005.
An estimated 700 000 people lost their homes and/or livelihoods, with a further 2.4 million people indirectly affected. An estimated 92 460 homes were destroyed during the blitz.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

"ZANU PF Has Been Hijacked By Imperialists And Neoliberals"

Zimbabwe Lawyers for Human Rights (ZLHR) lawyers are representing hundreds of villagers across the country who have been evicted from their ancestral land by the Government for allegedly occupying gazetted land without lawful authority.
Some of the villagers have been in occupation of their land for more than 40 years and made tremendous improvements to their land.
Under the ongoing “No To Land Barons and Illegal Settlements on Land” operation launched by the Goverment this year, more than 2 700 people have been arrested. The ZLHR said:
<blockquote>
Across Zimbabwe, we are representing hundreds of distressed villagers, who are accused of illegally occupying their ancestral land.
In Chipinge in Manicaland province, our lawyer [Tariro Tazvitya], is representing 327 villagers, who reside in Mahachi village and are accused of illegally occupying Mahachi village.
Of the 327 villagers, 80 of them reside in Munyokowere village and are accused of illegally occupying Munyokowere village.
In Masvingo Province, we have filed an appeal at Masvingo Magistrates Court seeking to suspend an order for the eviction of some villagers from their ancestral land.
The villagers were recently convicted of occupying gazetted land without lawful authority as defined in section 3(1) of the Gazetted Land (Consequential Provisions) Act by Masvingo Magistrate Ivy Jawona and sentenced to serve three months in prison, which was wholly suspended.
In addition, Magistrate Jawona ordered the villagers to vacate their land within 7 days. Now, the villagers, who are represented by Phillip Shumba of the Zimbabwe Lawyers for Human Rights, have asked the Masvingo Magistrates Court to stay their eviction pending the determination of their appeal against both conviction and sentence by the Masvingo High Court.
The villagers filed the appeal at Masvingo High Court on 9 February 2024 challenging their conviction and sentence by Magistrate Jawona.
In the appeal, the villagers argue that Magistrate Jawona erred and misdirected herself in convicting and sentencing the villagers for illegally occupying gazetted land as some of them have been in occupation of their land for more than 40 years and had effected tremendous improvements to their land.
The villagers want the High Court to overturn their conviction and set aside their sentence and refer their matter to the Constitutional Court for a determination of the constitutionality of their eviction.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Human Rights Lawyers Challenge Eviction Of Villagers From Ancestral Lands

Four thousand (4 000) Whitecliff residents, mostly civil servants illegally settled at the private farm in Harare in 2006 are set to be evicted after the Government failed to honour its promise to pay US$44 million to the property owner.
The evictions are to take place by April 2024.
Speaking in an exclusive interview with <a href="https://masvingomirror.com/4000-civil-servants-to-be-evicted-from-whitecliff/">The Mirror</a>, the owner of the 1 065.7 hectare farm, Edward Nyanyiwa Pfugari (Junior) said there is no going back on the evictions.
The farm was compulsorily acquired by the Government in 2006 and subdivided and distributed for free among 4 000 civil servants and other people by the then Minister of Local Government, Public Works and National Housing Ignatius Chombo.
Eddies Pfugari Properties contested the compulsory acquisition in the High Court and Supreme Court and won back the farm.
The company then obtained an eviction order for the 4 000 illegal settlers from the Supreme Court but the Government offered to pay Pfugari US$44 million for the property so that the residents would not be evicted.
Beneficiaries have hitherto been told that the land belongs to the Government and their tenure is secure.
However, some residents who tried to get title deeds for the stands from the Ministry of Local Government were told that the titles could only be obtained from Pfugari who is the legitimate owner of the land.
The eviction order given by Justice David Mangota is against the Minister of Lands and Rural Resettlement and all parties claiming occupation through him. Part of the eviction order reads:
<blockquote>
Now therefore, you are required and directed to eject the said Minister of Lands and Rural Resettlement and or all persons claiming occupation through him, their goods and possession, from and out of occupation and possession whatsoever of the said premises, and to leave the same to the end that the said Pfugari Properties may peacefully enter into and possess the same.
</blockquote>
Pfugari told The Mirror that the decision to carry out the evictions followed numerous false promises by the Government to compensate him for his land. He said:
<blockquote>
We agreed with the Government in 2019 for a settlement of US$44 million so that it could take the farm and secure the tenure of the civil servants. However, we have been waiting for years for the payment but nothing is coming.
When we put pressure to get the money last year, the Government offered a downpayment of US$21 million but turned around and said they could only pay US$2 million which is a slap in the face.
Our board of directors for Eddies Pfugari Properties therefore resolved that we immediately evict the illegal settlers and retain our land and this we will do in the next few weeks.
The court order from Justice Mangota is clear about this and the Sheriff will use the Police to effect the eviction.
</blockquote>
Some residents have formed the Whitecliff South Residents Association (WSRA) and approached Pfugari Properties with an offer to pay for their stands.
WSRA chairman Maxwel Gwatire confirmed to The Mirror the formation of the association and said engaging Pfugari is the right and legal thing to do. Said Gwatirere:
<blockquote>
We went to the Ministry of Local Government and were told by various senior officials including Engineer Nhoro in no uncertain terms that the land belongs to Pfugari and not the Government. They told us that we could only get the title deeds to the stands from Pfugari.
We have since sent emissaries to Pfugari in a bid to avert evictions and we understand he is willing to sell the land to us at US$5 per square metre and those with 300 m stands will pay US$1 500.
We have been lied to for 19 years that this is Government land. The problem is that the issue is being politicised for votes.
Politicians lie to residents that the Government will ultimately give them the stands for free; it’s a lie.
Minister Ziyambi Ziyambi was telling residents recently that the Government will give Pfugari another piece of land somewhere and settle the matter. This again is a lie.
</blockquote>
Gwatirere said WSRA already has 800 members and on Monday they are meeting Pfugari over the pending evictions in a bid to make a private settlement.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

4 000 Civil Servants Set To be Evicted From Whitecliff

A white former farmer Shane Warth who in December 2022 was evicted from his 60-hectare plot in Mwenezi says his several attempts to get an offer letter have all been in vain.
The plot is located in the Mpapa area of Mwenezi East’s Ward 13 in Masvingo Province.
Warth (65) had utilised the plot for 32 years and his farming equipment is now lying idle at his homestead in Chiredzi following his eviction from the plot.
He had a total of 25 permanent workers and besides specialising in sugar cane farming, Warth also grew maize and soya beans among several other crops.
In a telephone interview, Warth told <a href="https://tellzim.com/evicted-mpapa-white-farmer-denied-offer-letter-for-over-32-years/">Tellzim News</a> that the eviction had completely ruined his life. He said:
<blockquote>
I acquired the plot by paying for it some 32 years back and I made a huge investment to ensure massive production at my plot.
Right now it is very painful that someone who had put absolutely nothing came over to claim ownership of the plot.
The eviction had completely ruined my life. Right now my farming equipment is idle here in Chiredzi.
Despite overwhelming evidence that I had been very productive for the past 32 years, I made countless efforts to get the offer letter at district, provincial and national levels but I was turned down in all the offices.
</blockquote>
A farmer in the Mpapa area who spoke on condition of anonymity said they relied on Warth for farming expertise. Said the farmer:
<blockquote>
We were given this land and we paid for it as it was part of the pension package from Triangle Sugarcane Company where all the plot occupants used to work.
What irks me the most is that in the case of Warth’s eviction, the issue of property rights was completely ignored.
We are really wondering where exactly are we going as a nation when proven progressive farmers like Warth are kicked out of their land like that and replaced by people without any track record of farming.
Why doesn’t the government look for several vacant lands for newcomers to prove their farming skills?
More worrisome is the fact that his yearly production regularly surpasses the rest of the farmers here.
He was the only local farmer with the Centre Pivot and many of us relied on him in diverse ways.
</blockquote>
Warth was evicted from his plot to pave way for ZANU PF central Committee member Cuthbert Muzara and one Emmanuel Chugubu.
Muzara told Tellzim News that he is legally occupying the 21-hectare part of the plot that used to belong to Warth.
He admitted that Warth was evicted from the main house and the larger plot section that has now been occupied by Chigubu.

Govt Denied Evicted White Farmer Offer Letter For Over 32 Years

The Zimbabwe Land and Agrarian Network (ZiLAN) has urged the government to respect the land rights of the beneficiaries of the land reform programme.
This follows reports that more than 3 000 resettled families face eviction from their land at a Chegutu farm to pave way for a platinum project by a private firm, Global Platinum Resources.
In a statement on Tuesday, ZiLAN called on the government to consult the farmers and agree on appropriate compensation measures with them before they are relocated. Said the group:
<blockquote>
The Zimbabwe Land and Agrarian Network (ZiLAN), in its traditional Annual Policy meeting held on the 24th of November 2022, deliberated on various policy issues and their implications on smallholder farmers.
As a network working with smallholder farmers in pursuit of land rights and the advancement of socio-economic status noted a disturbing trend of threats of evictions and /or actual evictions of smallholder farmers in communal and resettlement areas to pave way for investments in various forms.
Information received from smallholder farmers across the country points out that in most cases the affected communities are excluded or inadequately consulted while in some cases farmers have been displaced without receiving commensurate compensation.
… From our ongoing engagements with key stakeholders involved, the community in question has not been adequately consulted with regard to the development.
As we monitor the situation closely, it is our firm belief that this development infringes on the fundamental rights and freedoms of people as set out in Section 72 of the Zimbabwe Constitution.
While cognisant of the fact that development will always result in the inevitable loss of land by communities, the network calls for the following to ensure that the land rights of people are protected and upheld; we therefore implore that; due diligence, due process, transparency and accountability be followed in all land matters that have the potential to affect livelihoods.
… In cases of eviction, compensation should be agreed on and honored through inclusive processes for the benefit of all parties concerned.
Respect for people’s cultural and spiritual practices be upheld.
Compensation should not only be about resettlement but restitution.
</blockquote>

Thousands Of Land Reform Beneficiaries Face Eviction

Hundreds of villagers around Muzarabani Growth Point in Mashonaland Central Province face displacement to pave way for the expansion of the growth point.
The villagers, through their traditional leaders, have sought assistance from the Zimbabwe Lawyers for Human Rights (ZLHR) to stop their impending eviction.
The affected villagers claim they were not given alternative land to relocate to.
A letter written by the villagers through lawyer Paidamoyo Saurombe to the Muzarabani Rural District Council (MRDC) reads in part:
<blockquote>
Any relocation of villagers must be done in terms of the provisions of the law; and that there should be adequate notice and suitable relocation areas provided by MRDC.
There should be compensation to those who will be affected and adequate provisions to preserve the cultural and historical heritage of the area, hence a blanket approach, which disturbs the way of life of the village heads and the villagers would be undesirable and unlawful.
</blockquote>
The letter was copied to Local Government and Public Works Minister July Moyo.
The villagers demanded to be availed of a map that shows that their villages were in the Muzarabani growth point catchment area. They wrote:
In that vein, in terms of section 62 of the Constitution of Zimbabwe, read with section 7 of the Freedom of Information Act (Chapter 10:33), which promotes public access to governance information for the purpose of exercising accountability, we request to be provided with the following documents and information: The 1983 map for Muzarabani growth point, the October 1987 map for Muzarabani growth point, and the ground plan for Muzarabani growth point.
| <a href="https://www.newsday.co.zw/local-news/article/200001941/muzarabani-villagers-face-eviction">NewsDay</a>

Muzarabani Villagers Face Displacement

Hundreds of ZANU PF supporters in Chegutu East who are facing potential displacement have threatened to withdraw support from President Emmerson Mnangagwa in the general elections scheduled for 2023.
About 300 families who were allocated land in Chegutu may be displaced to make way for a proposed platinum mine for a Chinese firm.
The majority of the plot holders are retired civil servants who depend on small-scale farming.
The disgruntled villagers held a meeting at Hopewell farm in Chegutu where they blamed Mnangagwa for their possible displacement. One of the villagers said:
<blockquote>
Even he (President Emmerson Mnangagwa) if we are evicted, the election is coming, who will vote for him, how will he win the election?
Will the Chinese vote for him? Will one person make him win? They cannot support one corrupt person at the expense of hundreds.
We fought for this land, and you cannot tell us to leave, where do you want us to go as old as we are?
Hurumende ngaiticherechedzewo, murombo haavigwi ari mupenyu munotoumirira kuti afe.
We suffered for this land and our pain cannot go in vain because of one person.
</blockquote>
Another plot holder who spoke during the meeting expressed dismay over the development. He said:
<blockquote>
Yes, we fought the whites and they left, now fellow blacks are fighting us, we cannot be fighting each other.
</blockquote>
Thousands of Zimbabweans across the country have been displaced to make way for big business as the “Second Republic” apparently shows scant regard for local people’s right to land.

Mashonaland West Villagers Threaten To Withdraw Support From ED

Approximately 300 families in Chegutu East Constituency are facing potential eviction from their plots to pave way for a proposed platinum project by a Chinese firm, <a href="https://www.newzimbabwe.com/300-chegutu-families-face-eviction-by-chinese-mining-project-linked-to-retired-generals-villagers-vow-to-fight-removal/">NewZimbabwe.com</a> reported.
Villagers say the Chinese company is working with a local company linked to the Zimbabwe Defence Forces (ZDF).
They believe influential retired military generals, with the blessing of two government ministers, are using their political connections to effect the evictions.
One of the plot holders who spoke to NewZimbabwe.com vowed to fight for their land. He said:
<blockquote>
Platinum is drilled from 600 metres to 1000 metres depth, so, it does not affect us as farmers.
This is just a way to take our land under the guise of platinum mining; this is a typical case of powerful people who just want to chase us away.
</blockquote>
Another community member said they have nowhere to go and that they cannot leave their homes and graves. He said:
<blockquote>
Our President (Emmerson Mnangagwa) said the land reform programme is not reversible and no one must be displaced but here four farms are about to be seized by a few people.
We know them; they are retired generals, and they are working together with the Chinese company.
What will happen to us and our loved ones’ graves?
We have been here for so many years; where do you want us to go? What does our culture say about this?
We cannot be removed from our ancestral land by fellow black people simply because they have money.
</blockquote>
The majority of the people are retired civil servants who were allocated their plots by the government.

300 Chegutu Families Face Eviction By Chinese Mining Project

Hwange Colliery Company Limited (HCCL) has reportedly started evicting former workers from company houses after obtaining an eviction order against them last year.
The 250 former HCCL workers had refused to vacate the houses claiming that the company owed them thousands of US dollars each in terminal benefits.
Some of the workers retired 10 years ago and had continued staying in company houses waiting for their terminal packages of at least US$20 000 each.
However, HCCL claimed to have paid its former employees in full in local currency in monthly instalments of about $300.
Greater Hwange Residents Trust coordinator Fidelis Chima told Southern Eye that HCCL has started the evictions. Said Chima:
<blockquote>
They were given the notice to evacuate and some of them have started complying as they are now leaving.
</blockquote>
Zimbabwe Diamond and Allied Mineral Workers Union general-secretary Justice Chinhema said they are now representing the workers. He said:
<blockquote>
We are actually representing the former workers. It is unfortunate that the union that these former workers were subscribing to abandoned them in their time of need. They are coming to a new union at a very critical time.
</blockquote>
Southern Eye reported that HCCL spokesperson Beauty Mutombe refused to comment saying she did not understand the questions that had been forwarded to her by the publication.
<h4>More: <a href="https://www.newsday.co.zw/2022/04/colliery-starts-evicting-ex-workers/">NewsDay</a></h4>

Hwange Colliery Company Starts Evicting Former Workers

Over 400 newly-resettled farmers in Maganga near Marondera, were last week evicted to pave way for the return of the farm’s original owner, Hunyani Estate.
The farmers were evicted by the Messenger of Court, who, armed with a court order, forcibly removed and dumped their property along the Harare-Mutare railway line.
One of the evicted farmers, Sphiwe Siyawamwaya, told NewsDay that they are now living in the open. He said:
<blockquote>We woke up to realise that we were surrounded by riot police in the company of a Messenger of Court telling us to leave.
They ferried our goods including our crops and dumped us here. We do not have anywhere to go. We are told that this land belongs to Hunyani Estate.
In 2017, officials from the Lands ministry told us that they will allocate 200 hectares of land to us, but today it is another story.
Life is hard for us here, considering that we are living in the open.</blockquote>
ZANU PF Marondera district secretary for lands, Richmore Chikore said they were aware of the crisis.
Reports suggest that ZANU PF held a meeting on Sunday where the Marondera evictions were discussed.
NewsDay could not get a comment from Marondera district development co-coordinator Clement Masawi as his mobile phone went unanswered.
The Maganga area is in ward 23, about 20km east of Marondera town.
The area is located in the tourism-rich area where the Benard Mizeki shrine and Tsindi Ruins are located.
<h4>More: <a href="https://www.newsday.co.zw/2021/06/400-resettled-farmers-evicted/" rel="noopener" target="_blank">NewsDay</a></h4>

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