A DOUBLE amputée white farmer has taken Mwenezi district administrator (DA) and his son to the Constitutional Court (Concourt) for grabbing his farm.
TATENDA CHITAGU OWN CORRESPONDENT
William Stander, who appeared in court on October 24 this year facing charges of contravening the Gazetted Lands Act over failure to vacate his home, has made an application to the Concourt seeking to stop DA Stanely Chamisa (first respondent) and his son Watson Chamisa (second respondent) from occupying Lot 18 Nuanetsi Ranch in Mwenezi.
Through his lawyer Rodney Saratoga Makausi, Stander argues that evicting him from the farm and depriving him of his only home and source of livelihood as a disabled person infringes upon his rights and contradicts Section 83 of the country’s Constitution.
The application was made under case number 443/13.
“Seeking to deprive such a disabled person of his only source of livelihood clearly infringes on the constitutional guarantees provided under Section 83 of the Constitution of Zimbabwe. The accused therefore humbly requests this honourable court to refer the Concourt in terms of Section 175(4) of the Constitution,” part of the application reads.
He also argued that he has to be compensated for the farmhouse as well as other improvements he made on his piece of land.
“One of the questions is whether seeking accused’s eviction without paying him compensation for improvements amounts to unlawful deprivation of property in terms of Section 72 (3) (a) and (b) of the current Constitution and the entitlement to compensation for improvements in Section 295 (3) and (4).
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“The State is therefore not in a legal position to prosecute accused or seek his eviction before it complies with the law by ensuring that he enjoys his protection of the law by giving him compensation.
“In the circumstances, seeking to evict a person who has not been paid compensation to enable him to secure alternative accommodation renders him homeless, takes away his dignity and violates his right not to be treated in an inhuman and degrading way,” the application reads.
Stander has also approached the Civil Court (case number INT 93/13) seeking a peace order arguing that the DA and his son saying they assaulted and chased him away from his farmhouse.
