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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>

Pindula News

Human Rights Lawyers Challenge Eviction Of Villagers From Ancestral Lands

Lupane villagers have established a community parliament that draws people from across the globe to debate developmental, political, human rights and social issues affecting the district.
Lupane Community Parliament (LCP) speaker Njabulo Sibanda told the <a href="https://newsday.co.zw/southerneye/local/article/200011794/lupane-villagers-set-up-community-parliament">Southern Eye</a> that they borrowed the idea from the Nkayi Community Parliament, which has been operational since 2021.
LCP currently has a membership of 390 people, according to Sibanda. He added:
<blockquote>
The other reason for the formation of the Lupane Community Parliament (LCP) was to create awareness on policy and constitutional matters.
We have started working and having very robust and informative discussions with the professionals we invite to come and share the information with us.
</blockquote>
Sibanda said they would also hold their representatives in Parliament and local authorities accountable. He said:
<blockquote>
The overall goal of the LCPs is to contribute to the economic, social, cultural, educational and general development and empowerment of the Lupane community by providing a participatory and non-partisan platform for research, learning, exchange of knowledge, sharing of ideas, information dissemination, dialogue and debate on topical public policy matters and by holding public entities and office bearers accountable.
</blockquote>
The Nkayi Community Parliament, which LCP seeks to emulate, has engaged with some of the local leaders such as Nkayi North MP Sithembiso Nyoni, Nkayi South MP Stars Mathe, Nkayi senator Chief Ndlovu on various matters affecting the district.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Lupane Villagers Establish Community Parliament

A Chivi businessman reportedly ran amok in August this year and torched about 25 homes of villagers he suspected of bewitching him.
The villagers in Chivi’s Sese area are now living in fear of the businessman, Thomas Chapeta, following his return from South Africa.
Chapeta allegedly destroyed villagers’ homes on 12 and 22 August with the help of an armed mob.
A villager who spoke to NewZimbabwe.com on condition of anonymity, said Chivi residents are still living in fear that Chapeta and his accomplices might terrorise them again. Said the villager:
<blockquote>
He came on the 12th of August with a team of more than 50 people and beat up villagers.
The gang was armed with guns, machetes and hammers beating up people even the elderly.
</blockquote>
Some of the assailants have been arrested but Chapeta, who owns a drilling company and is a son-in-law to Zion Christian Church (ZCC) leader Nehemiah Mutendi, remains a free man.
Chapeta has been seen attending some of the ZCC functions and is said to be using his relationship with Mutendi and his ZNAU PF connections to evade arrest. Said another villager:
<blockquote>
People are concerned about the delay in bringing the perpetrators before the courts.
It is now more than four months. The case keeps on dragging with postponement. We suspect underhanded practices.
Failure to arrest the chief culprit during and after disturbances raises eyebrows.
He has even been seen attending church with his in-laws.
</blockquote>
Zimbabwe Republic Police (ZRP) spokesperson in Masvingo Province, Inspector Kudakwashe Dhewa confirmed the matter saying that the perpetrators were arrested and the case is now before the courts. | <a href="https://www.newzimbabwe.com/chivi-villagers-living-in-fear-after-businessman-torches-homes-on-suspicion-he-was-being-bewitched/">NewZimbabwe.com</a>

Chivi Villagers Living In Fear Of Businessman

Police in Lupane are appealing for information that may lead to the recovery of 140 bags of fertiliser that were stolen from a hall before they could be distributed to villagers.
The bags of fertiliser, comprising 82 bags of Compound D and 58 bags of Ammonium Nitrate, were either a Presidential Inputs Scheme or Pfumvudza Programme consignment.
In a statement, police said the fertiliser was stolen from Sipepa Community Hall between 30 October 2022 and 9 November 2022. ZRP said:
<blockquote>
Police in Lupane are investigating circumstances surrounding a case of theft that occurred at Sipepa Community Hall between 30/10/22 and 09/11/22 where 82 bags of Compound D fertilizer and 58 bags of Ammonium Nitrate fertilizer were stolen.
The stolen fertilizer was part of 600 bags of Compound D fertilizer and 600 bags of Ammonium Nitrate fertilizer delivered by GMB Tsholotsho to Sipepa Community Hall for safekeeping pending distribution to villagers.
</blockquote>
In an unrelated case, Police in Lupane have arrested one Michael Donga (28) in connection with the murder Josiah Moyo (51) whose corpse was found near Malumba Primary School on November 2022. Police said:
<blockquote>
ZRP Lupane is investigating a case of murder in which the victim, Josiah Moyo (51) was found dead on 11/11/22 near Malumba Primary School. The body of the victim was found with multiple bruises and blood on the nose and mouth.
The Police have since arrested Michael Donga (28) in connection with the case. Michael Donga was allegedly seen dragging the victim toward Malumba Primary School on 10/11/22.
The two had been involved in a dispute during a beer-drinking spree at Malumba Business Centre.
</blockquote>

140 Bags Of Fertiliser Stolen Before Distribution To Lupane Villagers

Thirty-four (34) villagers from Zvishavane’s Mudereri Village have lost part of their ancestral land after it was sold to FBC Building Society by the Runde Rural District Council.
FBC has started developing the land to create a residential suburb and the villagers claimed that the financial institution did not notify them beforehand.
The villagers then tried to seek the court’s intervention to prevent the conversion of their ancestral land into a residential suburb.
In their court application, they cited the Local Government Ministry, Runde Rural District Council, Zvishavane Town Council, Chief Masunda, Zvishavane Rural District Administrator, and the FBC Building Society as respondents.
However, High Court judge, Justice Siyabona Paul Musithu, ruled that the villagers were trying to deceive the court and threw out the application.
The judge noted that there was an existing court order granting respondents authority to carry on, hence his court could not make another ruling on the same issue. Said Justice Musithu:
<blockquote>
There was therefore clearly no reason why a claim involving the same parties and same cause of action had to be split.
Such an approach leads one to reach the conclusion that some mischief was intended.
The mischief behind the splitting of the claim is not difficult to decipher. It was meant to deceive the court.
If those matters were placed before a different judge one judge could be persuaded to declare annexation of the plaintiff’s lands by the defendants unlawful.
The plaintiff’s claim be and is hereby dismissed.
</blockquote>
The villagers initially approached the court in 2020 after their land was put under the Zvishavane Town Council by the Minister of Local Government and Public Works.
In response, the RRDC, Zvishavane Town Council and the FBC Building Society had filed a special plea, arguing that the matter should be dismissed as Justice Clement Phiri had already dismissed a similar application that the villagers had filed before. | <a href="https://www.newzimbabwe.com/zvishavane-villagers-lose-ancestral-land/">NewZimbabwe.com</a>

Zvishavane Villagers Lose 'Ancestral Land'

Lands, Agriculture, Fisheries, Water and Rural Development Minister, Anxious Masuka, said villagers who benefit from government programmes should vote for President Emmerson Mnangagwa in the 2023 general elections. 
Masuka said this while addressing villagers in the Chinyamukwakwa area of Chisumbanje, Chipinge, over the weekend while handing over 250 plots from ethanol producer, Green Fuel to the villagers.
He told the villagers that when they vote in 2023, they “must return the favour” to President Mnangagwa because he was the one who gave them free farming inputs. He said:
<blockquote>
Right now we see the rains are coming and we are busy ensuring that we organise and provide all inputs for you on time.
That is what we call Rural Development 8.0 so that you will be able to get the inputs on time.
The electoral campaign period is still way ahead. I am not a campaign manager, but let me try it here.
When you are given these agricultural inputs, you must think of one person in your mind — and that is the person who has given you the inputs — President [Emmerson Mnangagwa].
When you are given goats, think deeply of the person who has remembered you — you must return the favour and remember him too in 2023.
</blockquote>
Masuka also told the villagers that farming inputs come from ZANU PF, even though they were bought using taxpayers’ money. He said:
<blockquote>
I now want to speak on the issue of Members of Parliament (MPs). We had a situation whereby the inputs disappeared before they got to the beneficiaries. So the MPs should be witnesses during distribution to oversee it.
This is because these inputs come from ZANU PF, which is the ruling party that forms the government, and government acts on what ZANU PF says. So, the party must not be excluded.
</blockquote>
Masuka said traditional leaders will be given more fertiliser than ordinary villagers because, in the past, they would assist those who were starving. He said:
<blockquote>
You will be given enough fertilisers and other inputs for three plots. Village heads are in the distribution committees because they will know all of you.
We will give village heads more than everyone else — for seven plots, because long back when there was drought, the village heads would assist those who would be starving.
The headmen will also be given inputs for nine plots while the chief will get inputs for eleven plots.
Don’t think that these have been favoured, we have all been given by President ED.
</blockquote>
Opposition political parties and Civil Society Organisations have in the past accused ZANU PF of politicising agricultural inputs and food aid, especially towards general elections. | <a href="https://www.newsday.co.zw/local-news/article/200003219/minister-exposes-vote-buying-plot">NewsDay</a>

Minister Tells Villagers Who Receive Free Farming Inputs To Vote For 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.

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