GOVERNMENT through the Lands ministry is allegedly using the courts to harass a white commercial farmer, Alister Michael Fletcher (81), by filing criminal charges against him for continuing to occupy gazetted land at the Umguza Agricultural Lots of Umvutcha and Reigate despite a High Court order that authorised his stay.
Bulawayo High Court judge Justice Christopher Dube Banda on June 8 this year ordered Lands minister Anxious Masuka to cancel caveats 844/200, ZN 26/2017, and 77/2019 endorsed on deed of transfer 3188/83. He also ruled that the minister pays the applicant’s cost of suit.
This was after Fletcher had filed an application seeking the lifting of caveats placed at the instance of the minister and Robert Njani on his deed of transfer.
He had cited Masuka, Njani and Registrar of Deeds as respondents.
However, Fletcher was taken aback on Wednesday when he was summoned to appear at the Tredgold Magistrates Courts for remaining in occupation of the gazetted land.
His lawyer Bruce Masamvu confirmed the development, adding that the minister and other parties involved were tormenting Fletcher by filing criminal charges on a matter that was resolved by the High Court.
“The matter went for setdown and the prosecution said they will do an opinion and revert. This is a second report, the first that was filed by war vets was declined, in the current one Minister of Lands is the complainant,” Masamvu said.
“It’s clear that there is no case, it's just harassment after they lost in the High Court. The minister is being represented by the Civil Division. He is doing all this against a court order. There is a court order of 2009 (for) which they are now trying to seek recession. That order declared that that land is not capable of acquisition. Now they want to create criminal charges which emanate from a process which was declared to be null and void. It's clear harassment. They just want to harass the old man.”
Fletcher’s warned and cautioned statement on arrest show that he was in occupation of a gazetted land as defined in section 3 of the Criminal Law Codification and Reform) Act [Chapter 9:23], where it alleges that he continued to occupy gazetted land.
“I deny the malicious allegations filed against me. I am in lawful occupation of the land,” Fletcher wrote in the statement dated August 8, 2023 recorded by a sergeant Ndlovu.
He faces five counts of remaining in illegal occupation of the farm.
Allegations against Fletcher are that on August 25, 2000 the State through the Ministry of Lands gazetted a piece of land, Deed of Transfer 3188/83 registered in Fletcher’s name, situated in the district of Bulawayo being Hamba Gable Farm measuring 2650,734 hectares.
The State alleges that Fletcher continued to occupy the land despite the gazetting. He then made a court application on November 15 2008 challenging the acquisition after 8 years of illegal occupation of the said land.
It is also the State case that on March 7, 2008, land under Deed of Transfer 3183/83 registered in Fletcher’s name being lots 9, 10, 16 and 17 measuring 802 843 hectares was gazetted for compulsory acquisition, but the farmer continued to occupy the land.
The charge sheet also states that Subdivision of Umvutcha measuring 42, 7717 hectares, Lot 2 Umguza Agricultural Lots Umvutcha measuring 2650,734 hectares and Lots 3 Umguza Agricultural Lots measuring 20 94419 hectares were also gazetted for acquisition. Besides the criminal charge filed against Fletcher, Masuka has also filed a High Court chamber application against Fletcher and Troy Robert Maidwell over the occupation of the land in question.
An application stamped at the Bulawayo High Court on August 8 states that on January 8 2009, the High Court granted an application for a declaratory order against the minister on a certain piece of property purporting to acquire the land held under Deed of Transfer 740/95, 3188/83, Mopane, Upper Nondwene and other areas in the Umvutcha area.
“Applicant is aggrieved by the judgment and took the view that the court committed errors and misdirection in its findings as regards how the application was granted. Applicant has, therefore, instructed legal practitioner to rescind the decision against it by the High Court. The applicant wishes to challenge the order,” the latest application against Fletcher read.
Fletcher is yet to respond to Masuka’s application.
