Justice Sunsley
Zisengwe sitting at the High Court in Masvingo gave the order quashing
convictions, sentences and eviction for the 19 families recently.
The order
follows a chamber application filed by the families asking the court to use its
review powers after the Ministry of Local Government and Public Works wrote a
memorandum dated July 17, 2024, to the effect that the land was not gazetted.
The settlers
were at the farm since 2002 and they were convicted on their own plea of
illegally occupying State land by Masvingo Provincial Magistrate Farai Gwitima
on February 2, 2024. Gwitima gave the settlers seven days to evict.
The settlers
then appealed against the seven day eviction order at the High Court and were
granted more time to evict. The settlers didn’t challenge their conviction. The
High Court also confirmed their conviction.
One can only
appeal against a conviction or sentence once for a specific case and upon
realization that the land was not gazetted, the settlers the filed a chamber
application asking the High Court to invoke its review powers over the matter.
“They were all
convicted pursuant to their respective pleas of guilty to the charge. Unbeknown
to them, there was no evidence showing that the land in question was gazetted
as a contemplated in the Act. They labored under the misapprehension that it
was, hence their pleas of guilty. They only learnt ex post facto that the land
in question was no longer gazetted…
“Rule 29 of the
High Court Rules, 2021 does permit the court to set aside an order or judgment
granted in error. The error being the confirmation by this court on appeal, a
conviction predicated on a wrong charge. The court should have in fact invoked
its review powers in terms of s29 (4of the High Court Act, [Chapter 7:06] to
set aside the conviction…,” reads part of the review judgment. Masvingo Mirror
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