The farmers,
represented by Mr Tendai Bvuma, of Bvuma and Associates, pleaded not guilty to
contempt of court charges when they appeared before Rusape provincial
magistrate, Mrs Barbara Mateko.
The matter was
adjourned to August 22, 2025, for judgement.
The settlers
deny violating the court order, arguing that it infringes upon their right to
shelter. They claimed that the farm has been their residence since the 1980s,
and they have nowhere else to go.
The High Court
order, directs them to leave the farm, sparking a contentious dispute between
them and the authorities.
Prosecutor, Ms
Faith Mutukwa told the court that by returning to the farm just days after
being evicted in December 2022, by the Sheriff of the High Court, the settlers
were undermining the authority and dignity of the High Court.
The High Court
had explicitly ordered their eviction from Lot 15 and 16 of Fairfield Farm,
also known as Cheziya Kushinga Cooperative.
“On July 15,
the High Court sitting at Harare issued a court order in Case Number HC
9523/14, in which it ordered the accused, John Pakarimwa and 20 others, and all
other persons claiming occupation of Lot 15and Lot 16 of Fairfield Farm,
Headlands, to vacate the farm within 14 days of the order being issued, failure
of which the Sheriff or his lawful deputy were ordered to evict the accused.
“The accused
persons and all those claiming occupation through them did not comply with the
court order. From December 6 and 8, 2022, the accused persons were evicted from
the farm by the Manicaland Province senior additional Sheriff Native Jimu.
“On December
20, 2022, the accused persons in defiance of the court order and evection by
the Sheriff, returned to the farm and reoccupied their former residence leading
to their arrest for contempt of court. The accused persons impaired the dignity
reputation or authority of the High Court of Zimbabwe by failing to comply with
this order,” said Ms Mutukwa.
In December
2022, 146 families were forcibly removed from the farm and left stranded along
the Mutare-Harare Highway.
The eviction
was carried out after Mr Samuel Matonga, representing the cooperative, obtained
a court order from the High Court.
The eviction
subjected children, pregnant women and the elderly to excessive weather
conditions, with provincial authorities intervening with a view to downsize the
1 500-hectare properties to accommodate the evicted farmers.
Pressure
mounted on the local leadership to engage Government to regularise the
settlements since the so-called Cheziya Kushinga Cooperative, which claims
entitlement of Fairfiled 15 and 16 farms at Mufusire in Headlands, was now
defunct.
Moreso, some of
the evicted farmers have been staying at the farms for 40 years until the
Deputy Sheriff, in the company of anti-riot police, chucked them out following
a High Court order sought by Mr Matonga, on behalf of the moribund
co-operative.
It emerged that
only 12 members of the cooperative were still alive, but inactive, and only
resurfaced recently to engineer the eviction in order to lease the farms to a
commercial white farmer in return for a fortune.
The Manica Post
understands that a high level meeting involving key provincial stakeholders was
held and recommended that the property – whose only discernible operational
activity is a 150ha of eucalyptus plantations – be repossessed and downsized by
the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development to
accommodate the 146 families and other citizens needing land.
Mr Matonga back
then confirmed the return of the families and threatened to press contempt of
court charges against them. Back then, 26 of them had pending criminal charges
stemming from an altercation with the Deputy Sheriff during their eviction.
Manica Post
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