The High Court has quashed the conviction and eviction of
10 Gutu villagers from Bethel Farm primarily because the State failed to prove
that the farm is gazetted land.
Justice Helena Charehwa and Justice Sunsley Zisengwe upheld
the appeal on Wednesday.
The conviction and sentence were quashed because the state
failed to produce the gazette showing that the land was actually gazetted.
The villagers were self-actors and the magistrate failed to
explain the essential elements of the offence to each and every villager and
also did not explain what gazetted land is.
The villagers had been convicted of contravening section 3
(1) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28] ARW
Section 5, “Occupation of Gazetted Land without Lawful Authority”.
Martin Mureri of Zimbabwe Lawyers for Human Rights (ZLHR)
represented the villagers. Mike Tembo prosecuted.
The appellants are Pomerai Maveresa Magombedze, Kizito
Mahuni, Sam Makumbire, Bonface Ruzive, Loveness Chagwiza, Vimbai Mugaviri,
Joseph Mapondera, Emaculate Majongwe, Rosemary Mashiri and Joseph Chishorwa.
“The court acqou erred by convicting the now appellants for
contravening section 3 (1) of the Gazetted Land (Consequential Provisions) Act
[Chapter 20:28] as read with Section 5, Occupational of gazetted land without
lawful authority, without evidence that the land was indeed gazetted. There was
no gazette. The gazette was not produced before the court. It was just a charge
sheet and a state outline that say so.
“The Court acqou erred by ordering the appellants eviction
when it is apparent that Section 3 (5) of the Gazetted Land (Consequential
Provision) Act (Chapter 20:28) directly infringes the appellants’ rights as
enshrined in Section 74 of the Constitution of Zimbabwe, which says that “No
person may be evicted from their homes demolished without an order of the court
made after considering all the relevant circumstances,” argued Mureri.
The four women had been sentenced to six months wholly
suspended while the six men were sentenced to pay a US$100 fine. Masvingo
Mirror
