Bulawayo senior High Court judge, Justice Nicholas Ndou, yesterday recused himself from a case involving the son of Co-Minister of Home Affairs Kembo Mohadi and four villagers.
This came to light yesterday when the urgent chamber application at the Bulawayo High Court by the four villagers involved in a land dispute in Beitbridge with the Mohadis was returned from Justice Ndou’s chambers and allocated to another judge, Justice Lawrence Kamocha.
The villagers are seeking an order barring the Mohadis from disturbing their peace at their farms.
Given Mbedzi, Soforia Ndou, Aifheli Nare and Kumbirai Ncube’s lawyer, Zibusiso Ncube, confirmed the development.
According to the application, the quartet want the minister’s 22–year- old son Campbell Trevor Mohadi, his mother , Tambudzani, their employees, Danisa Muleya and Samuel Sibanda to remove all their property and locks they installed at Mbedzi’s Plot Number 1 of Lot 9 of Jopembe Block.
The farm is at the centre of a dispute with the Mohadis pushing for their son to take it over ahead of Mbedzi, a former freedom fighter, who was given an offer letter in 2003 while Campbell’s offer letter was issued in 2009.
Mbedzi also alleges that the Mohadis, in the company of their guards, wanted to shoot him and his colleagues with an AK-47 at his farm, but the firearm reportedly jammed twice.
“On our way back, we met the respondents with their armed guards and assignees.
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“One of them brandished an AK-47 gun intending to shoot at us but the gun failed to fire.
“Twice he tried and twice it jammed. We alighted from the vehicle and ran for our dear lives.
“My mother and 2nd applicant (Soforia) were apprehended, handcuffed and thoroughly beaten up,” he said in his founding affidavit.
He said his 67-year–old mother and Soforia were shoved into the Mohadis’ vehicle and taken back to his plot where his property was strewn all over the yard.
“Respondents and their agents also threw my property out. In essence, they were forced at gunpoint to remove everything,” he said.
Mbedzi said he feared for his life as the Mohadis’ threats were real and wanted to be returned to peaceful occupation of his plot and protected from the Mohadis and their agents.
The application comes after Mbedzi, his mother, Philani Ndou, Soforia and her son, Knowledge Muleya, Alifa Mbedzi and James Mbedzi appeared at Gwanda Magistrates’ Court two weeks ago facing charges of malicious damage to property.
They are out of custody after Gwanda magistrate Sheila Nazombe remanded them on their own cognisance.
