The dispute
pits the plot holders - many of them pensioners - against land developer Ferro
Consulting of Zimbabwe, which claims ownership of the remaining portion of the
farm where the plots are located. Ferro Consulting acquired the remainder of
the farm in 1999 and asserts legal title over seven of the occupied plots.
The case
escalated when the matter reached the High Court, which in December 2024 ruled
that the plot holders must pay development-related costs to Ferro Consulting.
These costs include endowment fees, capital gains tax, conveyancing, stand
duty, rates, and other charges. The court also directed that portions of their
land be ceded to the company to account for these expenses.
Ferro
Consulting has described the plot holders as illegal settlers who allegedly
erected structures on the land without its consent. Acting on this basis, the
Sheriff of Zimbabwe issued a writ of eviction on June 5, 2025, prompting panic
among the affected families.
In response,
the plot holders filed an urgent court application on June 11 seeking a stay of
execution of the eviction order. Their legal representative, Didymus Kubaira,
is arguing that the writ was issued prematurely and without due notice.
"The writ
of ejectment ought to have been issued on or after July 23, 2025, accounting
for the 10-day rectification period and the three-month notice period,"
Kubaira argued in his founding affidavit dated June 20.
"Since the writ was issued prematurely -
before that time-frame had expired - it is irregular and cannot be executed.
This, in itself, warrants proceedings to be stayed."
Kubaira also
criticised Ferro Consulting's conduct, stating that no notice to vacate had
been issued and accusing the company of trying to intimidate the applicants.
"The first respondent appears impatient
and resolute in its desire to remove the applicants from the premises they
occupy," he said.
The applicants,
led by Mathias Siyapi, include Michael Roy Sengurai, Wilson Kuziva Mhasho,
Charles Mokosera, Mike Chitewere, and Innocent Makaya. The respondents listed
in the urgent application are Ferro Consulting, Mutasa Rural District Council,
and the Sheriff of Zimbabwe.
Kubaira argued
that the applicants had fully paid for their plots and held valid agreements of
sale, which negates the claim that they are illegal settlers.
"It would be unjust to allow applicants
to be ejected from plots they fully paid for and upon which they erected
premises, without being granted the opportunity to make presentations as they
intend to do," Kubaira submitted.
He added that
the outcome of their pending application in case HCH2732/25 could reactivate
the broader land dispute, and any eviction before its resolution would
undermine the court's authority.
"To ensure this court's authority is not
rendered brutum fulmen [an empty threat], the consent judgment's execution must
be stayed pending that outcome," he argued.
The matter
remains pending in the High Court, with the fate of the affected families
hanging in the balance. NewsDay
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