Source: White farmer loses farm to Mugabe aide – DailyNews Live Jeffrey Muvundusi • 29 April 2016
HARARE – White farmer David Connolly, who has been involved in a protracted legal battle with a top aide of President Robert Mugabe, faces eviction from his Centenary Farm in Figtree after a High Court judge yesterday ruled that his occupation of the disputed property was illegal.
Connolly, through his company, JC Connolly and Sons (Pvt) Ltd, has since 2014 been locked in a bitter land wrangle with the deputy chief secretary to the President and Cabinet, Ray Ndhlukula over the ownership of the farm.
The ruling by Harare High Court judge Justice Joseph Musakwa follows an application by Connolly who sought the confirmation of a provisional order which was granted in his favour two years ago where Ndhlukula was barred from evicting the white farmer from his Centenary Farm.
In a surprise turn of events, Justice Musakwa who took over the case after Justice Francis Bere recused himself from the matter said Connolly was in occupation of gazetted land, which was compulsorily acquired by the State in 2000.
“Although the applicant was granted spoliatory relief in the interim order, he is actually already in breach of section 3(1) of the Gazetted Lands (Consequential Provisions) Act which provides that no person may hold, use or occupy gazetted land without lawful authority,” said the judge.
Justice Musakwa discharged Connolly’s provisional order with costs.
He also took a dig at government officials among them the deputy minister of Agriculture Paddy Zhanda who he accused of legitimising Connolly’s occupation of the farm through their visits to his farm.
Connolly through his lawyers Webb Low and Barry legal practitioners argued that since the acquisition of the farm he has been in peaceful and undisturbed occupation of the property and productively utilising the land.
Ndhlukula, through his lawyer Gerald Mlotshwa of GN Mlotshwa and Company, said Connolly failed to establish a clear right to the land.
He further argued that he had an offer letter.
In March last year, Bulawayo High Court ordered Ndhlukula off the farm and sentenced him to a suspended 90-day jail term on condition that he complied with the order within 14 days.
Ndhlukula, however, did not vacate the farm in a development that forced Connolly to seek an order of the contempt against the top civil servant which was subsequently granted.
Ndhlukula in turn noted an appeal against the order of contempt and the matter is yet to be heard.
COMMENTS
Theis is no ‘surprise’ at all. It’s almost inevitable. Didn’t the President just tell the ‘war vets’ that there are ‘still some white farmers that we can remove’ to give you land?
Mr. Mlotshwa me thinks your days will be numbered when things turn around here .
He seams to represent all these fat cat case and win
Not suprising that the judge is also a land beneficary like all of them
they should have the balls to recused them selves from all these cases
The whole judical servicw is politicaly motivated
all the best Clive not long and you’ll be back there , being productive as always
And they hope to find investors in London in July!!!
The ‘winds of change’ are again blowing, the feeling is tangible, and the air is alive with it, even though so many are still currently living in distress. It’s gone too far, and there’s no turning back.
There will be nowhere to run, nowhere to hide, and those with an IQ above 80 are now really sh**ting themselves. It’s cool.
There are too many African countries who require LEGITIMATE aid. Zimbabwe is not one of them. All of Zimbabwe’s problems are self-inflicted because of its racist policies. Nobody cries for Zimbabwe.
I agree Trebor ! Zimbabwe has become an embarassment to sub Saharan Africa. The begging bowl has got holes in it after being used for so long. Go to hell Mugabe and Zanu thieves.
Down goes another productive piece of land, precious few these days in our Zim, rest of the farms having been turned into scrub land by the powers that be.
Occasionally, villagers have come to the aid of such hounded White farmers with positive results but those scenarios are few and far between.
Where is our fighting spirit, us Zimbos?
And here is the CROCODILE ASKING THE CITIZENS OF ZIMBABWE TO STOP THE CORRUPTION.
WHICH PLANET IS HE LIVING IN.
FOR EXAMPLE CROCODILE THIS IS CORRUPTION HAND IN HAND WITH A ROTTEN JUSTICE SYSTEM IT STINKS HAVE YOU LOST YOUR SENSE OF SMELL AS WELL???
JUST LOOK IN YOUR OWN BACK YARD STUPID.
IN THIS PLANET EVERYONE IS A VISITOR FOR SURE YOU WILL SOON FIND OUT.
NO ONE CAN TRUST THIS BUNCH OF THUGS AND MURDERS.
ANOTHER FARM WILL BE TAKEN SOON AND GIVEN TO THE GRANDCHILD OF MUGABE.