Grace farm saga: cops defy court order

via Grace farm saga: cops defy court order – NewZimbabwe 16 January 2015

FOUR settlers who were initially evicted from Manzou farm in Mazowe before winning a High Court injunction against the removals have returned to the court claiming police are continuing with the evictions.

In an urgent chamber application Friday, the settlers said they wanted the police to be charged with contempt of court.

Aspinas Makufa, George Musa, Gift Chikowore and Dhaisi Musekiwa, all represented by Zimbabwe Lawyers for Human Rights legal team of Tonderai Bhatasara and Gift Mtisi, on Friday filed an urgent application saying the police have defied the ruling and should be charged as such.

The quartet also cited Lands minister, Douglas Mombeshora and police Commissioner General, Augustine Chihuri, saying the police were defying the court ruling halting demolitions at Manzou farm where the First Lady, Grace Mugabe, reportedly wants to keep wildlife.

The government has denied President Robert Mugabe’s wife is involved in the saga, with a junior minister explaining that the farm was being cleared of illegal settlers because it is a national heritage site.

In their application, the villagers said it was illegal to remove them from the property which they have been occupying the since 2000 and had approached government to regularize their occupation.

A provisional order was granted by the High Court in August last year barring government from forcibly evicting them.

Two weeks ago police, supported by other security agencies, demolished their structures before evicting them.

The settlers were then granted a provisional order by the High Court ordering the state to stop the evictions, but this has not stopped resulting in the fresh application which will be heard by Justice Chinemberi Bhunu.

Mohadi, Chihuri and Mombeshora, the settlers argued, should be charged with contempt of court for violating the 2014 High Court ruling and the one granted last week which ordered a stop on the evictions.

One of the settlers, Makufa in his affidavit said police must be held accountable for defying all the court orders by demolishing their structures.

“Since we had an order of the court and as law abiding citizens, we proceeded to rebuild our homes and prepared fields and planted various crops ranging from maize, beans, groundnuts, tobacco,” submitted Makufa.

“On Wednesday the 7th of January (2015) the morning five UD trucks came full of police officers in uniform, some in riot gear, armed with guns, logs, iron bars, dogs and baton sticks. They started demolishing and destroying the homes and property.

“It is clear that by having officers under their command and control, demolish and destroy our homes and property, respondents willingly or intentionally failed to comply with the court order.

“I aver that the disobedience of the court order by the respondent is wilful or reckless and also mala fide.”

Makufa said Mohadi and Chihuri must be hauled before the courts as they have disrespected the country’s constitution.

“Their conduct is contemptuous as it is intentional. Their conduct is reprehensible and punishable,” he said.

Hearing of the urgent chamber application has been set down for January 30 by Justice Bhunu.