HARARE – Farm invaders who occupied a farm owned by exiled former minister Saviour Kasukuwere have gone to the High Court to fight their eviction.
Kasukuwere recently obtained a court order empowering the Sheriff to evict the group, who include war veterans.
The former Zanu PF political commissar says the farm occupiers have illegally harvested his crops and caused damage to his property.
Three of the farm occupiers on Monday asked the High Court for a stay of execution pending the finalisation of a separate legal battle between Kasukuwere and the lands minister over government moves to seize Corncorpia Farm in Mazowe.
Efanos Mudzimunyi, a war veteran, said in an affidavit that he would be homeless if the eviction order in favour of Kasukuwere is enforced.
Mudzimunyi and two others also challenged Kasukuwere’s legal rights over the farm, claiming he is a fugitive from justice.
“This an application for stay of execution pending determination of the rights of parties in case HC1701/20,” wrote Mudzimunyi in his founding affidavit.
“Court papers demonstrate there are now two competing judgements in respect of the same property. Annexure A demonstrates that there is a pending matter in respect of the same property between the first and second (Kasukuwere and Sea Flower) respondents and the third respondent (lands minister). As such it is imperative that execution be stayed and ejectment be stopped as the judgement in case HC 1701/29 may be rendered a brutum fulmen if this is not done.”
The enforcement of the eviction order won by Kasukuwere, the court heard, was very imminent.
“The applicant will be left homeless and with no recourse at law as it is also accepted that the first respondent (Kasukuwere) is now a fugitive from justice and if a judgement is rendered that discharges the provisional order in case HC 2157/20,” he said.
Kasukuwere and the war veterans have been fighting over the farm since the beginning of this year.
Kasukuwere’s offer letter for the farm was withdrawn by the late lands minister Perrance Shiri in January this year, prompting him to challenge the takeover at the High Court.
While that legal dispute still rages, a group of individuals have occupied the farm including Efanos Mudzimunyi, Kudakwashe Moyana, Kenneth Mudzimunyi and Akim Mudzimunyi.
They were given 14 days to vacate the property after Kasukuwere obtained a provisional order, leading to this week’s application for a stay of execution.
The matter is pending.
