AT least 55 villagers in Matobo district, Matabeleland South province, have filed an urgent High Court chamber application seeking an interdict order barring the Agricultural and Rural Development Authority (Arda) and Trek Petroleum (Private) Limited from annexing their ancestral land for expansion of an irrigation project.
BY COURT REPORTER
Robert Mafu and 54 others, through their lawyer Kholwani Ngwenya, filed their application at the Bulawayo High Court on September 21 and cited Arda and Trek as the first and second respondents, respectively.
In their application, the villagers claimed that Arda and Trek forcibly evicted them from their homesteads, farming and grazing land without an order of the court.
“The first and second respondents … have proceeded to demolish and raze down some of the applicants’ homesteads, farming and grazing land without a court order or writ of execution authorising such conduct and have since threatened to demolish all the applicants’ homestead structures, farming and grazing land,” the application read.
“…there is a risk that if the matter is dealt with as an ordinary application … the hearing of the matter will be an academic exercise and applicants would have suffered irreparable loss and prejudice as …since respondents are demolishing their property and acquiring the land.”
The villagers said the two companies, which are in a joint farming venture, have no legal basis to evict them from their land and demolish their structures without a court order.
“Respondents are … in breach of the supreme law of the land. This… court does not only accept to appear before it those … with dripping of the actual infringement of rights…”
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In his founding affidavit, Mafu said: “I am 84 years old and I reside at Zwehamba village having resided at the place for 69 years. I have my own homestead, farming and sharing grazing land with other members of the community some of them applicants in this matter.”
He said the land currently occupied by Arda was offered to Telcor around 1975 and Telcor changed its name to Arda after independence. He said they co-existed with Arda without any problem until now when Arda decided to invade their homes following its partnership with Trek Petroleum.
Arda and Trek Petroleum are yet to respond to the summons.
