A group of residents, completely baffled, watch as a bulldozer pushes down trees, clearing land for possible infrastructural development.
The operator of the bulldozer relentlessly manoeuvres the big machine clearing the herbaceous and woody vegetation, including felling down mature trees.
Heaps of sand also accumulates in the process and residents of this community, Warwick Farm, on the periphery of Lake Chivero in Zvimba district fear the activities spell doom for the water body.
The biodiversity around Lake Chivero is under severe pressure and degradation resulting from climate change and human activities such as deforestation and land development.
Residents, who are mostly beneficiaries of the land reform programme, fear that changes in land-use were fragmenting natural habitats.
They said the activities also threaten species habitat and the sensitive ecosystems in Lake Chivero, which require specialised management.
Land development at Warwick Farm could result in the siltation of waterways, a major threat to the sustainable future of the lake, residents said.
Truth Diggers, an investigation arm of Alpha Media Holdings, established that land development projects being carried out by a number of private companies under Warwickshire (Pvt) Ltd do not adhere to environmental legislation and the land developers did not secure necessary approval from the Lands ministry.
Investigations also established that Warwick Farm is at the centre of a protracted dispute pitting residents, who have been living on the land since 2000 under the land reform programme and Warwickshire (Pvt) Ltd, a company fronted by Nicholas Nyandoro.
According to documents obtained by Truth Diggers, Warwick Farm was acquired and gazetted by the government in 2000 and 2014 under General Notice 418A of 2000 and General Notice 288 of 2014 respectively.
This saw Timothy Michael Johnson, the then owner of Warwick Farm, approving the arrangement which resulted in the farm being subdivided.
Johnson retained subdivision one measuring 367,5 hectares while 462,5 hectares was offered to the beneficiaries of the land reform programme.
“However, behind the scenes Mr Johnson and Mr Nyandoro were working on the directorship of Warwickshire (Pvt) Ltd, which saw the farm change ownership from being a white-owned to an indigenous-owned one,” a source privy to the goings-on said.
“As a result, Mr Nyandoro was awarded an offer letter for Subdivision 1.
“In his letter dated September 24, 2003, Mr Nyandoro admitted to the fact that ‘the Johnson family agreed to give up a certain section of the farm for resettlement before he took over the trustees of the ICF Trust’, which was also a shareholder in Warwickshire (Pvt) Ltd.”
After “changing” ownership of the trust and company from being white-owned to black-owned in 2003 and 2004, Nyandoro through Warwickshire (Pvt) Ltd approached the High Court in the matter HC10098/13 and 5513 seeking to delist Warwick Farm.
“As residents, we were not cited nor served and the Lands ministry did not disclose that there were settlers on the farm,” one of the war veterans, a resident at Warwick Farm said.
“The initial September 1, 2000 Gazette or Gazette Extraordinary with General Notice No 418A was ignored.
“One Marius Dzinoreva, who indicated that he was a director acquisition in the Land ministry, pointed out in an affidavit that Warwick Farm was an indigenous farm, which was not supposed to be part of compulsory acquisition by the government.”
Truth Diggers established that Warwickshire (Pvt) Ltd obtained a default judgement in January 2014 to delist the farm and uplift a caveat on its title.
“However, the farm was relisted by the government in August 2014 upon realising that the January 2014 court order had been superseded by events,” said the source.
“Warwickshire (Pvt) Ltd had none of that and instituted another court process that saw another default judgement being obtained.
“Warwickshire even sold stands through Charlene Investments (Pvt) Ltd before acquiring a permit.
“They have over the years managed to manoeuvre through several administrative processes that have enabled agricultural land at Warwick Farm being reallocated to Warwickshire (Pvt) Ltd as private property.”
Truth Diggers established that on June 29, 2020, the Local Government ministry awarded Warwickshire (Pvt) Ltd a permit to develop the area.
“What we have realised is that money has been changing hands throughout the process, from the time the farm was taken from Mr Johnson,” said the source.
“Corrupt government officials have been facilitating all this.”
Truth Diggers also obtained information that the area’s village head Michael Gomo, Blasio Mauka, war veterans leaders such as Douglas Mapiki, Charles Nyamakure and Charles Shambare have deserted fellow residents and were now siding with Warwickshire (Pvt) Ltd.
They are allegedly selling residential stands at Warwick Farm using Lomlight (Pvt) Ltd as their vehicle for operations.
Truth Diggers recently visited the farm and witnessed bulldozers clearing land while several homes were demolished ostensibly backed by a court order.
Nearly 800 families at Warwick Farm face an uncertain future after Warwickshire (Pvt) Ltd got the nod to develop the land.
Land developers including Rock Ridge Private Limited, Lake City (Pvt) Ltd, Fungeo Developers, Charlene Investments and Zambuko Trust are involved in the land business at Warwick Farm, Truth Diggers has established.
Truth Diggers also obtained a list of individuals involved in the selling of stands at Warwick Farm and these include Happyson Muchechetere, Emmanuel Chikono, Elijah Tembo, Washington Nhira, Kenny Chagunda, Ignatious Nheya, Lynet Mufamba and Thomas Chizemo, among others.
A representative of Lakeshore 2000 Trust, an association in lieu of Warwick Farm residents, Ndabaningi Matinyenya confirmed that the future of residents was uncertain.
“Warwick Farm residents, who settled under the land reform programme, are being illegally evicted and they have nowhere to go and have already scored noticeable developments at the farm over the past 20 years,” he said.
“As residents who settled under the land reform programme, we have not been given security of tenure in violation of Section 292 of the constitution thereby giving room for Mr Nyandoro, Mr T Johnson and Warwickshire (Pvt) Ltd to manipulate the land reform programme much to the disadvantage of the residents.”
Matinyenya said as such, residents have been deprived of their land rights and thus cannot defend themselves.
He said the panacea to the land dispute was for the authorities to go back to the root of the problem rather than concentrate on the court outcome.
Truth Diggers established that in terms of Amendment No 17 of the constitution Warwick Farm is a “piece of land” in Schedule 7 with General Notice 418A of 2000 published in the Gazette or Gazette Extraordinary on September 1, 2000.
As such, the acquisition of the farm by Nyandoro as private property is not congruent with Section 290(1)(a) and Section 72(4) of the constitution which provides that: “All agricultural land, which was itemised in Schedule 7 to the former constitution continues to be vested in state”.
Meanwhile, Matinyenya early last month engaged the Environmental Management Agency (EMA) over the state of land degradation at Warwick Farm caused by land developers.
“As residents who are deeply invested in the wellbeing of our community and environment, we are alarmed by the increasing levels of land degradation that will adversely affect our nearby lake when rains come, which ultimately will cause soil erosion, taking soil into the lake,” wrote Matinyenya.
“We request an inspection of the work being done to see if it tallies with the legal requirements of EMA license issued to the land developers on August 24, 2023 under receipt number 90220191/597077 issued by officer Dadirai Kwenda.
“Because of poor work that is being done, according to part XI, 102 Section 1, we would request the director general to ascertain the authenticity of the certificate issued to the land developers.”
Truth Diggers established that Lake Chivero’s depth has been reduced from 27 metres to 16 metres holding capacity due to siltation.
Apart from massive water hyacinth weed coverage, the lake is heavily polluted due to raw sewage from Harare and Chitungwiza as well as industrial effluent.
Only three out of 10 original fish species remain due to the poor quality of water as a result of oxygen depletion.
About seven chemicals instead of three are being used to treat water to acceptable human consumption levels at the Morton Jaffrey water treatment plant, which is negatively impacting Harare City Council’s budget.
As such, Lake Chivero Fisheries Association has written to the Minister of State for Provincial Affairs, Harare Metropolitan Province raising concern over land development in Warwick Farm.
“There is a proposed high-density development at Warwick Farm by Mr Nick Nyandoro including near the lake shore,” wrote the association.
“There are two hectare plots around the dam and he wants to build a high-density suburb of 300 square metres stands around the lake.
“There is already a subdivision of Warwick residential stands of up to 300 square metres up to the game gate for high-density suburbs.”
The association requested the minister to stop the proposed housing development projects under Warwickshire (Pvt) Ltd and appealed for an urgent intervention to mechanically remove silt from the lakeshore.
Residents of Warwick Farm were counting their fingers crossed after Johnson indicated that he would spill the beans with regards to the deceitful change of ownership of the farm.
“He feels it's time he reveals the truth,” said a source to the Johnson family.
“Actually, he sold his company Astra Paints to Nyandoro, not the farm.”
Part of a letter over the sale of Warwick Farm written by Johnson to Nyandoro on August 25, 2003 of which a copy is in possession of Truth Diggers, reveals that the transaction was dirty from the onset.
“Nick, I am very concerned about how much aggression we may experience if Mr Chabata thinks I have cheated him,” wrote Johnson as part of his conclusion of the letter.
“It is a difficult one, and to some extent, I can deny any deal having been done, but in the end the news will probably ooze out and we could be faced with much unpleasantness unless we have sorted out the players.
“(It may well be a good plan to talk with them sooner rather than later), your guidance please.”
According to the letter, Warwick Farm was allegedly sold for Z$100 million.
“You provide a signed share transfer form and share certificate for 160 000 shares in Astra Industries Limited immediately, but dated October 15, 2003,” reads part of the letter.
“I appoint you as the sole beneficiary of the JCF trust (or your nominated person).
“You provide an undertaking to make good up to the agreed sale price on October 15, 2003, i.e. 160 000 Astra shares valued at $80 million (at today’s date) = shortfall $20 million: 160 000 shares on October 15, 2003 say $76 million = shortfall $24 million, etc.
“You accept that this agreement is irrevocable, come what may on the property, between today and when you take the occupation.
“We agree to a target exit date of end October, but this remains negotiable.”
Truth Diggers could not locate Johnson who is believed to be staying in Harare’s Highlands suburb while Nyandoro is said to be staying in Canada.
This publication is in possession of communications that flew among Johnson, Nyandoro, the Lands ministry and the Local Government ministry with regards to the change of ownership.
Nearly every Lands minister and Local Government minister appointed after the land reform programme in 2000 has at some point dealt with the Warwick Farm dispute, with no one giving a lasting solution.
“Nyandoro takes advantage of the new ministers who would be faced with the task of processing papers without being exposed to the background of the dispute,” said a source.
“We see the power of money in all this, but we will not just bow down.
“We have to fight corruption and support the land reform.”
Residents of Warwick Farm in pursuit of a lasting solution to the land dispute have through Zanu PF engaged the Office of the President and Cabinet and the Zimbabwe Anti-Corruption Commission.
The anti-graft body has since started investigations on the matter.
Lands ministry and Local government officials could not be reached for comment yesterday.
