In his application filed at the Bulawayo High Court under
case number 1760/23 Ndlovu cited Matobo District Lands officer Johanes Zifudze
as the first respondent, the Secretary in the Ministry of Lands, Agriculture,
Water, Fisheries and Rural Development as the second respondent, the Ministry of Lands, Agriculture, Water,
Fisheries and Rural Development, as the
third respondent and Officer-in-Charge
of Zimbabwe Republic Police-Figtree
and the Officer Commanding Zimbabwe Republic Police Matabeleland South
as the fourth and fifth respondents respectively.
He also cited the Surveyor General and the Sheriff of Zimbabwe
as the sixth and seventh respondents.
In his papers Ndlovu stated that he has been in beneficial
occupation, use and control of Khami Magazine Farm measuring 360, 3163 hectares
and situated in Matobo district since 2004.
According to the application the farm was by Deed of Grant,
granted by the Queen of the United Kingdom and Northern Ireland to a body
corporate going by the name and style of African Explosives and Chemicals
Industries (Rhodesia) Limited.
Between 2004 and 2006 the farm found itself under the charge of yet another corporate
body, Dyno Nobel Zimbabwe (Private) Limited.
“Since then applicant has enjoyed undisturbed possession,
beneficial use and control of the said property until the 11th of August 2023,
when the 1st respondent brought in scores of people into the property, occupied
by the applicant, to peg and dish out stands to the said persons, as to
arbitrarily evict applicant from the use and control of about 200 hectares of
the 360 3163 hectare farm,” the application reads in part.
He said Zifudze intends to parcel out more of the land that
he has peacefully possessed, used, worked for since 2004 to more people as he
is set to continue pegging and parcelling out the farm in question.
Ndlovu argued that by doing so Zifudze was exposing him to
forcible or arbitrary eviction executed without a court order.
He stated that the country’s land reform programme which
commenced in 2000 found him already settled on the farm.
“The Zimbabwe land reform programme at its peak found me
already settled at the farm having built a fully-fledged homestead there. It
had come to my knowledge that such land as a private company was leasing out to
me at prohibitive rentals was State land.
“I wrote to the office of the governor Matabeleland South
on 12 January 2006 to bring the foregoing revelation to her attention and to
protest the corruption and apparent discrimination associated with company
officials who had taken charge of the State farm.
“After the company aforementioned had run scared of my
protestations, it ceased to demand rentals from me and l remained in the farm,”
the application read.
Ndlovu further said in June this year, he was visited by
Zifudze who advised him that he wanted to peg out pieces of land from his farm.
“In or about the month of June 2023, the 1st respondent,
unheralded and therefore without notice, drove into my homestead in a convoy of
top of the range unmarked vehicles to advise me that he had decided to peg out
pieces of land from the land l had occupied since 2004, so that such land be
parcelled out to new beneficiaries, leaving me with my homestead and an out of
place remaining portion of land thus surrounding my homestead with new
arrivals”.
“This was done so that such land be parcelled out to new
beneficiaries, leaving me with my homestead in and out of place remaining
portion of land thus surrounding my homestead with new arrivals,” further read
the application.
He said on 11 August, Zifudze presented himself with scores
of other persons to begin pegging and parcelling the farm adding that some of
the “beneficiaries” were members of the Zimbabwe Republic Police from Figtree
under the immediate command of the fourth and fifth respondents.
“Over the Heroes holidays (14-15 August 2023), the people
that the 1st respondent has allocated
pieces of land obtained by truncating and downsizing the farm aforesaid, began to randomly cut trees and clear the
land in readiness for their occupation”.
Ndlovu said Zifudze, the Ministry of Lands, Agriculture,
Water, Fisheries and Rural Development and its permanent secretary have always
been aware of his presence at the farm since 2004 and regarded him as their
tenant.
The matter is yet to be set down for hearing. B Metro
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