NINE villagers who were ordered to vacate the disputed Anglican Church-owned Irene Farm in Matabeleland South have approached the High Court challenging their eviction.
The eviction of the applicants follows a High Court order
under case number HC2444/03 directing them to vacate the farm following an
application by the Anglican Church Diocese of Matabeleland.
Fidelis Ndlovu, Howard Madlunga, Dunmore Sithole, Lovemore
Sibanda, Eleck Mdlongwa, Sakuranda Khumalo, Nkosilamandla Mkhwananzi, George Mhlanga
and Mildred Sibanda, through their lawyers Vundhla-Phulu and Partners, filed an
urgent chamber application at the Bulawayo High Court challenging their
eviction from the property.
In papers before the court, Anglican Church Diocese of
Matabeleland, the Sheriff of the High Court and Lands, Agriculture, Water and
Rural Resettlement Minister Dr Anxious Jongwe Masuka, were cited as
respondents.
The applicants want an order permanently staying the
execution of an eviction order and declaring it unlawful, arguing that they
were allowed to remain on the farm by the Government following its acquisition
by the State.
In his founding affidavit, Fidelis Ndlovu said the order
obtained by the Anglican Church Diocese of Matabeleland under case number
HC2444/03 was no longer extant as the disputed land has since been acquired by
the State.
“This is an urgent chamber application for stay of
execution and a declaration that the land in question was acquired and thus
does not belong to the first respondent (Anglican Church Diocese of
Matabeleland) anymore. During the initially stages of the fast track land
reform programme, I and the other applicants, took occupation of Irene Farm
before it was subsequently acquired for resettlement purposes by Government,”
he said.
The applicants argued that the Minister of Lands,
Agriculture, Water and Rural Resettlement recognised their presence and
authorised them to remain in occupation of the farm.
“In any case, we draw our locus standi from the fact that
we are, as a matter of fact, being evicted as we are de facto occupying the
land. Having settled in the year 2000, we cleared the land to prepare for
tilling and fenced our fields,” said Ndlovu.
“We have been tilling the land since then and we have also
built homesteads and moved livestock onto the land. We have also set up a
vibrant community with both social and political structures.”
The applicants said on November 14 in 2014, the Minister of
Lands, Agriculture, Water and Rural Resettlement published in the Government
Gazette a notice that Irene Farm had been acquired by the State in terms of the
Constitution.
The villagers said they contended the eviction order on the
basis that Anglican Church Diocese of Matabeleland no longer owned the farm.
“The first respondent is no longer the owner of the farm
and cannot use an order or writ that was obtained prior to acquisition to evict
us. The order is no longer valid because only the State as the owner of the
farm can lawfully evict the applicants,” argued Ndlovu.
“In the interim, we seek an order that pending the
finalisation of the matter, the second respondent (Sheriff) be ordered to stay
execution of the order obtained by the first respondent under case number
HC2444/03.”
The respondents are yet to respond to the application.
Chronicle
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