Sixteen evicted resettled farmers at Eskbank Farm in Mazowe have since approached the Administrative Court seeking to have a revocation of the offer letters issued to four other individuals by former Minister of Lands and Rural Resettlement Herbert Murerwa, two years ago.
BY CHARLES LAITON/PAIDA MUZULU
In the court application filed under case number LA10/15, the 16 farmers, being represented by Sylvester Maruza, accused Murerwa of issuing the offer letters to the four individuals in March 2013, for the same land which they had occupied for over 10 years and applying for offer letters without success. The four beneficiaries are Mark Masekesa, Edson Kadzombe, Davison Mupambi and Mexio Chatindo.
In his founding affidavit, one of the aggrieved parties cited as the first applicant in the matter, Peter Chaora, said at the onset of the land reform programme in 2000/2001, he together with 15 others moved onto and occupied Eskbank Farm, which they later divided into various portions and settled.
He further said as far way back as 2006, they started paying land levy to Mazowe Rural District Council, a statutory obligation they religiously observed but, for reasons not explained to them, they ended up being evicted from the farm.
Chaora also said prior to their eviction several senior government officials visited the resettled farmers at Eskbank and promised to regularise their stay but never kept their word.
“Between 2005 and 2007, Chief Chiweshe, Colonel Revayi and the lands resettlement officer, Mazowe district, Harinangoni, came and addressed us. They promised to attend to the process of regularising our occupation of the farm, but they never fulfilled their promise,” Chaora said.
He added: “In 2009, the Governor for Mashonaland Central Province, Martin Dinha came to Glenara Estate…he promised to attend to the subdivision of the occupied portion of Eskbank Farm. He too never kept his word.
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“Much to our shock and disbelief, the then Minister of Lands and Rural Resettlement, Herbert Murerwa, in early March 2013, issued offer letters to the 6th and 9th respondents in respect of the land that we had occupied since 2000-2001 and for which we had sought offer letters but without success.”
Chaora also said “The guideline drafted by the ministry itself required that when issuing offer letters preference be given to those already in occupation.”
He further argued the ministry had to date failed to give them reasons why they were not allocated land ahead of the latecomers.
“The minister has not furnished any reason to the applicants and this violates Section 3 (1) (c) of the Administrative Justice Act which demands that an administrative authority is under an obligation to furnish reasons in writing for the action taken, moreso upon request by the party concerned.” The nine respondents are yet to file their opposing affidavits. The applicants are seeking a court order cancelling the March 2013 offer letters to Masekesa, Kadzombe, Mupambi and Chatindo.
