THREE Mazowe farmers who were evicted from Teviotdale Farm
in 2009 to pave way for former President Robert Mugabe’s Gushungo Holdings have
approached the High Court seeking a reverse deal.
In their application they cited Mugabe, his wife Grace,
Gushungo Holdings, Police Commissioner-General Godwin Matanga, Lands and Home
Affairs ministers Perrance Shiri and Obert Mpofu respectively and Chief
Superintendents Nhubu and Kunene, as respondents.
In their joint declaration, the three farmers — Adonia
Makombe, Sahungwe Hungwe and Nyika Chifamba — said they grabbed Lot 1A
Teviotdale Farm in Mazowe District of Mashonaland Central Province at the
height of the land reform programme in 2000 and were given government offer
letters in 2009 before being kicked out by police on Mugabe’s orders in 2009.
The farmers said they had since discovered that the farm
was given to Gushungo Holdings’ employees.
“First plaintiff (Makombe) was allocated sub-division 1
measuring 34,38 hectares, second plaintiff (Hungwe) was allocated sub-division
two measuring 39,06 hectares and third plaintiff (Chifamba) was allocated
sub-division two measuring 31,25 hectares,” they said.
“In removing plaintiffs from their plots the police were
acting on the instructions of and for the benefit of second and third
defendants (Mugabe and Grace). The first (Gushungo Holdings), second and third
defendants have no rights over the land in question.”
The farmers said as a result of their unlawful removal and
being barred from their plots, they suffered damages in the sum of $25 000 for
Makombe, $7 000 for Hungwe and $7 000 for Chifamba, respectively.
“Plaintiffs claim is for eviction of first, second and
third defendant and all persons claiming occupation through them from plots 1,
2, and 3 of Lot 1A Teviotdale Farm in Mazowe District,” they said, adding
Mugabe and his wife should also pay compensation and cost of suit.
However, Matanga and his junior officers responded to the
litigation arguing the farmers’ claim against the police had prescribed.
“From the plaintiff’s declaration…the alleged acts or
omissions by the police or members of the police were committed or omitted to
be done sometime in or before the year 2009. In essence, the cause of action
against the fourth, sixth and seventh defendants (Matanga, Nhubu and Kunene)
arose on or before the year 2009. It is thus fourth, sixth and seventh
defendants’ submissions that the plaintiffs claim against them has prescribed
in terms of Section 70 of the Police Act,” they said.
While all the other defendants have entered their
appearance to defend notices and their pleas, Mugabe and his wife together with
their firm alongside Shiri and Mpofu, have not responded to the litigation.
The matter is still pending. Newsday
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