Umvutcha farm dispute takes new twist
ThE civil division of the Attorney General’s office in harare has exposed Lands, Agriculture and Rural Development minister Anxious Masuka and his ministry for violating court orders related to farm ownership disputes.
In a letter addressed to the chief lands officer in Bulawayo and Matabeleland North, the AG’ office cited a case in which 20 settlers with offer letters at Umvutcha farm on the outskirts of Bulawayo faced continued persecution from the ministry.
The farm is owned by a white commercial farmer Michael Alister Fletcher.
The letter dated January 9, 2024, signed by a L. T Muradzikwa of the civil division exposed the Lands ministry for its overbearing interest in the case between Fletcher, Masuka and others.
“We take note that after the Supreme Court made its decision in our favour in settling the matter, we have heard of all sorts of intimidation and prosecution of members with valid of-* fer letters on the pieces of land in Umvutcha area which the Supreme Court has made a decision on,” reads part of the letter.
“We are perplexed by the behaviour of your officers in the continued prosecution of the members, who are recognised as lawful occupiers of the pieces of land.
“The land in question is state land and its title still vests in the state unless there is another court order issued challenging the Supreme Court order.”
The letter listed names of 20 settlers confirmed as lawful occupiers of the land that were being intimidated by Lands ministry officials.
According to the letter, among the settlers is Earnest Buseti who was arrested for leading a gang of settlers to invade the same farm.
his criminal case is pending in the magistrates’ court.
Muradzikwa said the people on the list and some of the people who were not cited in the letter should be allowed continued occupation of the land.
A few weeks ago, the Supreme Court upheld an appeal by Masuka and Robert Njanji challenging a Bulawayo high Court ruling by Justice Christopher Dube Banda on June 8 last year on the land dispute.
Banda had ordered Masuka to cancel the caveats 844/200, ZN caveat 26/2017, and caveat 77/2019 endorsed on deed of transfer 3188/83.
The ruling gave Fletcher permission for continued occupation of the farm.
This was after Fletcher filed an application seeking the removal of the caveats placed at the instance of the minister and Njanji.
however, Fletcher has since taken Masuka to the Constitutional Court challenging the Supreme
Court ruling that quashed his application for the removal of the caveats.
In the application, Fletcher cited Masuka, Njanji and the registrar of deeds as respondents.
Fletcher said the Supreme Court violated his right to use, hold and transfer the land in question as well as his right to equal protection by the law as enshrined in section 56 of the constitution.
Fletcher submitted that his application had prospects of success in that the land in dispute was urban.
he said the land was zoned part of Bulawayo boundaries for the purposes of residential development and could not be acquired for resettlement purposes using the wrong law.
Masuka, registrar of deeds and Njanji are yet to respond to the appeal.