HARARE – Two army colonels occupying a disputed farm in Mazowe allegedly blocked the Sheriff of the High Court from evicting them in an hours-long standoff, ZimLive can reveal.
Ingleborough Farm in Mazowe has been at the centre of a dispute between two resettled farmers and the two soldiers, who claim an interest in the 603-hectare property.
In February 2024, the Supreme Court dismissed a bid by the lands ministry to revoke an offer letter for 100 hectares issued to diplomat Tryness Kabiti. Wonder Mukwaira, who was allocated 253 hectares in 2013, has also faced pressure to leave – the lands ministry saying it wants to allocate part of the property to defence minister Oppah Muchinguri and a section to the military for a cemetery.
When Mukwaira and Kabiti were ordered off the farm, they launched lengthy litigation targeting individuals described as workers of the two army bosses. The six workers had planted a maize crop on the farm and were conducting gold mining operations.
The High Court on March 13 issued an order directing the officer in charge at Marlborough Police Station and the Sheriff in Bindura to evict the Ingleborough Farm occupiers.
Court documents seen by ZimLive reveal the Sheriff was illegally prevented from leaving the property with the occupiers’ household goods after the two soldiers arrived with uniformed reinforcements and blocked the road.
In an incident report, the Sheriff informed the High Court: “Execution could not proceed as the Sheriff was coerced to suspend execution by Colonel Ncube and Colonel Malamba, who came with uniformed soldiers and blocked the road and our vehicles such that we could not do anything for the whole day. They threatened violence as they were armed. The Sheriff was only allowed to leave after returning the goods removed.”
The Sheriff’s truck was forced to offload goods taken during attempted ejection of illegal occupiers of Mazowe farm
A witness said the Sheriff had loaded the occupants’ belongings into two trucks and driven approximately two kilometres towards the Bindura–Mazowe Road when Colonel Ncube and Colonel Malamba arrived in an army vehicle and a private vehicle, ordering him to return the goods to the farm.
The Sheriff, accompanied by police in anti-riot gear, complied after a lengthy standoff.
Mukwaira said he had been parked outside the farm awaiting a successful eviction when the soldiers intervened.
He reported the incident to Marlborough Police under case number RRB67991/3.
Mukwaira and Kabiti will make an urgent chamber application to enforce the eviction, their lawyer said.
Ingleborough Farm has been contested for nearly four years.
On November 29, 2010, Kabiti was offered a piece of land at the farm under the Land Reform and Resettlement Programme (Model A2 Phase II). Mukwaira’s offer letter came on June 25, 2013.
In October 2017, the ministry handed the entire farm – measuring 602.7 hectares – to the Zimbabwe Defence Forces for institutional agricultural use.
Lands Minister Anxious Masuka notified Mukwaira and Kabiti of the ministry’s intention to withdraw the land offer, stating the land was required for public purposes and that he would be offered an alternative farm.
Kabiti, through her lawyers, challenged the withdrawal, arguing the minister had acted unlawfully in failing to provide reasons, failing to advise her of her right to appeal or seek review, and failing to offer compensation.
She sought a court order setting aside the minister’s decision – or, alternatively, an order compelling the government to pay compensation to be agreed or determined by an arbitrator.
Masuka defended his decision, arguing the reasons had been set out in various letters and that the primary ground was the withdrawal of land for public purposes. He argued that as custodian of all state land, the government is empowered under sections 23 and 26 of the Land Commission Act to issue and withdraw offer letters and set terms for leases of gazetted state land.
A High Court judge found that while Kabiti had not been advised of her right to seek review or appeal, and had not been given a timeframe to vacate, the irregularity was not sufficiently serious to constitute substantial injustice.
Kabiti had not demonstrated any prejudice suffered, and the minister had conceded the administrative irregularity would be addressed.
Kabiti appealed to the Supreme Court in 2024, where a three-member bench comprising Justices Elizabeth Gwaunza, Susan Mavangira and Alpius Chitakunye set aside the High Court ruling and ordered the lands minister to provide written reasons for the withdrawal within 21 days.
The court ruled that if the minister failed to respond within that period, it would be presumed that the withdrawal constituted an improper exercise of power under the Land Commission Act – and the decision to withdraw Kabiti’s offer letter would stand as set aside.
The minister did not respond within 21 days, and the Supreme Court ruling stood.
Several subsequent appeals to police to enforce the eviction failed, leading to the March 13 court order which the Sheriff attempted to execute.
