A Chiredzi-based Mauritian farmer Marie Joseph Benoit Liagasse has lost a court bid to remain at his farm after he was ordered to vacate the property despite it being protected under a bilateral agreement between Zimbabwe and Mauritius.
Liagasse had contested government’s 2004 compulsory land acquisition order arguing the property registered as Arombe (Pvt) Ltd was immune to the government’s land acquisition programme.
According to the State, after being served with the eviction notice on May 7 2004, the farmer refused to vacate the property demanding compensation.
Chiredzi magistrate Tinashe Langton Ndokera ruled that although Liagasse’s farm was covered under a bilateral agreement section 277(3) and 277(5) Chapter 09:25 of the Land Acquisition Act superceded all bilateral agreements signed by both governments.
He said in this case the farmer was only entitled to stay at the farm only if he had an offer letter from the Ministry of Lands and Land Resettlement, a permit or a land resettlement lease document.
The court noted that the Mauritian had none of the said documents.
“It is common knowledge that bilateral treaties are prerogatives of the Executive and Executive treaty-making powers should not override Parliament’s law-making function.
“A treaty does not make part of domestic law except by virtue of an enabling legislation,” the court ruled.
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Following his conviction for defying the eviction notice, Liagasse was ordered to pay a $100 fine and to leave the farm on or before July 31 2012.
