AN Insiza farmer has suffered a setback on the legal battle for land against former Sports minister Andrew Langa and his white partners in which he argues they are interfering with his farming activities at Blinkborne farm.
BY SILAS NKALA
Bulawayo High Court judge Justice Martin Makonese on Monday dismissed South African-based Zenzele Sibanda’s urgent Chamber application filled on February 24 ruling that circumstances around the case could follow the normal court roll.
“The urgent application is hereby dismissed on condition it is not an urgent matter,” ruled Makonese.
Sibanda cited Peter J Buckle, Peter A Buckle and Zanu PF Insiza North MP Andrew Langa as first to third respondents respectively, seeking for a spoliation order.
Buckle and his son, represented by Vonani Majoko, had also filed papers arguing the case was not urgent because it has been ongoing since 2012.
In his founding affidavit Peter Buckle said the lawyer, who certified Sibanda’s application as urgent, did not apply his mind as he would not have approved that a matter which arose in 2012 when Sibanda claimed to have been unlawfully evicted would now in 2017 emerge as urgent.
Buckle stated that Sibanda’s application clearly states that when he took occupation of the farm there was no resistance and no violence was committed against his employees. He said the claims of possible violence by his lawyers were a figment of their imagination.
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“The farm is registered in the names of Soundstone Properties (Pvt) Ltd and take my rights through the company,” he submitted praying for the dismissal of the application.
“Applicant bases his application on an offer letter. Even assuming the offer letter was valid which I do not admit.
An offer does not confer to its holder any right to enter or occupy an acquired property without due process.”
Sibanda had said he was seeking an order compelling the respondents or those claiming occupation of the farm to stop interfering with his farming.
He said in the year 2012, he was allocated the whole of Blinkborne farm measuring 820 hectares under the land reform programme.
“During the course of the same year, first respondent [Peter J Buckle] acting on behalf of his son [Peter A Buckle] with the assistance of third respondent [Langa] mobilised war veterans, police and community members to evict me from the farm. I was illegally removed from the farm through force as the first respondent insisted that the farm belonged to his son,” he submitted. “I sought to verify whether my entitlement to the farm had been changed. I was advised that there has been no change.”
Sibanda said on March 2, 2015 the district lands committee chairperson wrote a letter directed to the second respondent advising him that Blinkborne farm had been repossessed and given to him.
He claims the letter was presented to Buckle senior, who accepted it on his son’s behalf, but still insisted on occupying the farm.
