Official statement on the happenings at Centenary farm

via Official statement on the happenings at Centenary farm – The Zimbabwean 23 March 2015

Update of Events on Centenary Farm – 21st March 2015

At 1:15 pm on the afternoon of March 20th I received a phone call from Constable Sitemere of Figtree Police requesting to meet me in Bulawayo as he had some “information regarding the situation on Centenary Farm” that he needed to discuss with me. We agreed to meet at a location in the City Centre.

On my arrival he informed me that he had been sent from Figtree Police Station to escort me to Plumtree police in order that I could be interviewed, as I have been found in contempt of court. When I questioned him about the whereabouts of the paper work to support this “request” he answered me by saying that he had no paper work but had checked in the Crime Register in Figtree and a charge had been registered against me on the 11th March and he was just “following orders”. The Officer who had registered the “charge” was now on leave.

I asked him how he had got to Bulawayo and he informed me that he and his colleague had hitched a ride from Figtree and that he was expecting me to drive myself along with the two policemen the 100km to the Plumtree Police Station in my own vehicle.

I informed him that a judgment had already been passed in the Centenary farm case (High Court Judgment no: 43/15), and that I was, in fact, awaiting for the Police to assist the Sherriff of the Court in escorting Dr. Ndhlukula – who had been found in contempt of court – off the farm.

Confronted with this information the Constable phoned Officer Tshuma of Plumtree CID to ask what he should do. He was informed that he had been instructed to proceed with me to Plumtree.

I then said that I was not going anywhere without first consulting with my Lawyer and we proceeded to Webb Low and Barry. On making a phone call to Officer Tshuma in Plumtree my lawyer was informed that I was required to present myself to the Police in Plumtree for further questioning regarding the charges that were being brought against me.

My Lawyer and I then proceeded to Plumtree in my vehicle with Constable Sitemere – having left the second Figtree policeman in Bulawayo as he was now “off duty”.

As we drove through Figtree Officer Sitemere requested that we drop him off in Figtree as his “job was now done” and there was no need for him to escort us to Plumtree. When we arrived in Plumtree Officer Tshuma placed a Charge Sheet in front of my Lawyer. I had been charged with “illegally occupying State Land”. I was told that I would need to be finger-printed and write and sign a “Warned and Cautioned Statement”.

After some debate my Lawyer dictated a statement to me which they then proceeded to type out for me to sign.

The facts of this case are as follows:

High Court Case 1204/14 states in point 3 that “It is hereby declared that until this application is determined on the return day the applicant and all in occupation through it are entitled to remain in peaceful occupation of Centenary Farm and may continue operations on the farm undisturbed.”

Despite this ruling, on 6th August 2014 my workers had been evicted from their housing and I had spent three hours at the Figtree Police Station with a copy of the Court Order imploring the Police to bring a halt to this illegal eviction. I was given absolutely no support whatsoever.

On 16th September the Figtree Police compounded their unwillingness to apply a High Court Order by refusing to be involved when I was surrounded by some aggressive workers acting under the authority of Dr. Ndhlukula, who eventually drove me from my home and barricaded the gates ensuring that I had no access to return to the farm.

On top of this Dr. Ndhlukula has been found guilty by the High Court (Judgment No. 43 /15 dated 12 March 2015) of being in contempt of court and has been ordered by the Court to leave the farm along with all his workers and to remove his equipment within 14 days. At the time of writing this release Dr. Ndhlukula has yet to make any attempt to remove himself and equipment from Centenary Farm.

Separate to these happenings of 20th March I was issued with a letter from Dr. Mombeshora (Minister of Lands) on the 13th February 2015 ordering me to vacate Centenary Farm within 30 days. My Lawyers informed Dr. Mombeshora in the form of a letter that as he was aware this matter was in fact before the Courts and that I was no longer in occupation of Centenary Farm and that I would be guided by the Court rulings. It is on the back of this letter that I have now been charged.

It is a very sad fact that two men educated to Doctorate level and holding down vital positions within the Government of Zimbabwe should feel free to ignore the rulings of the High Court and interfere with the processes of the Court. Should the Police show the same enthusiasm in implementing Court Orders that they have shown in pressing charges against me this whole debacle would have been solved long ago and Zimbabwe’s battered reputation within the International Community for not upholding the Rule of Law would be on the road to recovery and credibility.