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Transfer of court records delays trial

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THE trial of Umguza commercial farmer Sarah Anne Visser, accused of refusing to vacate her farm in 2009, failed to take off last Thursday after delays in the transfer of the court records.

THE trial of Umguza commercial farmer Sarah Anne Visser, accused of refusing to vacate her farm following its compulsory acquisition for resettlement in 2009, failed to take off last Thursday after delays in the transfer of the court records from the Western Commonage Courts to the Bulawayo Tredgold Magistrates’ Court.

Report by Sials Nkala

Public prosecutor Jeremiah Mutsindikwa told the court last week that they were still waiting for the docket to be brought to court.

Visser (75) of Kloof Farm is accused of contravening sections of the Land Acquisition Act after she declined to vacate her property following its compulsory acquisition by government in 2009.

The State said Visser was supposed to give a notice of appeal against the acquisition of the farm within 90 days, but she allegedly failed to do so.

The matter was first brought to the Bulawayo Western Commonage Courts in 2011, but Visser was advised the case would proceed by way of summons.

It is the State case that on November 20, 2009, Kloof Farm was divided into 17 plots and offered to a number of people under the resettlement scheme.

Among the beneficiaries were two Bulawayo residents – Jacob Makhubalo of Luveve and Cost Bhebhe of Lobengula West – but Visser allegedly denied them access to the land.

The pair then reported the matter to the police, but Visser insisted on production of a valid court order.

In her court submissions, Visser said in 2005 she applied for an A2 farm wanting the area which includes plots 14, 15, 16 and 17 on the same farm.

“In 2006, I was told by the lands officials that my application was successful and the necessary documents would follow,” she said. “But in 2010, the official told me that part of the same land had been allocated to Makhubalo and Bhebhe.”

Visser said Makhubalo and Bhebhe started destroying vegetation, clearing the land in preparation for farming.

She said Makhubalo threatened to take over her farm house.

Visser said on April 3, 2011 Makhubalo destroyed her crops using a tractor.