In a significant development in the ongoing land dispute in Chiredzi South, Chief Sengwe’s community court on August 5 ruled against a villager resisting displacement by ordering him to pay a fine of one herd of cattle for undermining traditional norms and authority.
According to the ruling, Tazi Muchekelwa is also required to cease and desist from disrupting community development projects in Malipati Ward 15 of Chiredzi Rural District Council (RDC), stop influencing community members to disturb community projects, and refrain from threatening and provoking traditional leaders, councillors, members of the Malipati Farmers Association, and project partners.
The controversy began when villagers served Headman Manzini a letter from Matutu and Mureri legal practitioners, stopping him from forcing them to donate land to third parties.
The dispute centres around the Malipati Agrihub project, which has been marred by controversy over land ownership and benefit sharing.
Villagers, including John Dube, Joseph Mungowa, and Felina Ncube, have accused the project leaders of coercing them into donating their ancestral land without fair compensation or benefits.
The court's ruling comes amid heightened tensions in the community, with several villagers having been summoned by the local chief over their involvement in the dispute.
The villagers, supported by Community Tolerance Reconciliation and Development (Cotrad), have approached the Chikombedzi magistrate's court seeking an interdict to stop the headman, Manzini, from evicting them from their ancestral lands.
The Malipati Farmers Association Ltd, Malipati Development Trust, Agrihub, and SATWILD, which are involved in the project, have faced serious allegations from locals.
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Figures associated with these organisations, including Lawrence Moyo, James Dube, Stella Chabhanga, and the SATWILD director, have been accused of misusing their authority to transfer ancestral lands, resulting in the displacement of over 20 families, including those of Muchekelwa, John Dube, and Joseph Mungowa.
The situation has escalated with plans to forcibly evict an additional 10 to 15 families, evidenced by the installation of fencing and the employment of security guards to keep landowners away.
These actions are seen as a violation of the community’s socio-cultural and economic rights, eroding their traditional ways of life.
Cotrad has indicated that it will help the villagers to appeal at Masvingo magistrate court, as the constitution unequivocally safeguards the right to property and adequate housing, stipulating that evictions can only be deemed lawful if duly authorised by law, preceded by reasonable notice, accompanied by just compensation, and supplemented by alternative accommodation.
“Cotrad urged the parties involved to prioritise peaceful solutions, commencing with the facilitation of inclusive dialogue between affected communities, local authorities, and investors,” the organisation said.
“Cotrad will continue to provide platforms for dialogue to promote accountability and emphasize the urgent need for policy implementation to protect vulnerable communities from exploitation.”
The villagers claim that the headman's actions are a violation of their socio-cultural and economic rights, and have resulted in the displacement of many families.
The community is anxiously awaiting the outcome of the court case, which is scheduled to take place on August 21 after the defendants requested a postponement to engage a lawyer.
The outcome of the court case is being closely watched by stakeholders, who hope that it will bring clarity and resolution to the contentious issue of land ownership and community development in Malipati Ward 15.
The Zimbabwean constitution (Chapter 4, Section 74) unequivocally safeguards the right to property and adequate housing, stipulating that evictions can only be deemed lawful if they are duly authorized by law, preceded by reasonable notice, accompanied by just compensation, and supplemented by the provision of alternative accommodation.
In the context of the contentious Malipati land dispute, stakeholders must prioritise peaceful solutions, commencing with the facilitation of inclusive dialogue between affected communities, local authorities, and investors, with the objective of addressing pressing concerns and collaboratively working towards mutually beneficial agreements that uphold the rights and interests of all parties involved.
