High Court judge Justice Charles Hungwe has granted an order by consent halting the prosecution of a Centenary white farmer, who was being accused of refusing to vacate her former land at Simapiri Farm in contravention of the Gazetted Land Act.
BY CHARLES LAITON
The High Court order granted last week brought relief to more than 300 farm workers who were set to lose employment if their employer Philippa Susan Zietsman had been convicted of the offence. Zietsman, through her lawyer Jonathan Samukange, had filed the application seeking to stop the court proceedings before Bindura magistrate Elisha Singano.
However, Prosecutor-General (PG) Johannes Tomana’s office did not oppose the application leading to an order being granted by consent. In her application, Zietsman had cited Tomana, Singano and the Lands ministry as respondents.
Zietsman told the court that allegations against her arose in September last year, when she was accused of contravening the Gazetted Lands Act, by refusing to vacate the farm which was generating over $800 000 in revenue annually.
She, however, said a full trial was conducted after which she applied for discharge at the close of the State case.
But the court dismissed her application, prompting her to file a request for review at the High Court.
“I am hereby applying to stay my prosecution . . . pending my application for review being heard. The basis for the review is that the decision of the 2nd respondent (Singano) was irrational and grossly unreasonable due to the fact that I could not have had a mens rea (intention of wrongdoing) in the circumstances,” she said.
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Zietsman told the court that she and her husband, now deceased, bought the farm in 1991, before it was downsized following a subdivision in 2008. She said her husband was later murdered at the farm in September 2011, during which time she was also badly injured.
She further said in 2012 a resolution by the lands committee in Bindura and Centenary was made that she should remain at the farm.
“This was confirmed to me personally by Chief Chiweshe, the Honourable Minister of Lands (Douglas Mombeshora) and the governor of Mashonaland Central Honourable (Martin) Dinha,” she said.
