HARARE – Gweru businessman and former CCC candidate for Chirumhanzu South Patrick Cheza has appealed to the Supreme Court against a ruling by High Court Judge Justice Garainesu Mawadze allowing his eviction from S/D 43 Mahara Farm near Mvuma.
Cheza is one of the 61 farmers settled at Mahara Farm but the only one who was evicted by the Minister of Lands, Agriculture, Fisheries, Water and Rural Development after making investments of US$200 000 on the farm.
Cheza’s lawyer Nyasha Maguranyanga of Mutendi, Mudisi and Shumba Legal Practitioners argues in the appeal that Justice Mawadze erred in granting his eviction as the eviction itself is unconstitutional.
He also argues that Cheza had a right to be consulted by the Ministry before it made its decision to evict him.
“The Court aquo erred in making a finding that appellant had no right to be consulted first before being evicted from the farm in question as an illegal settler, whereas the appellant at law is entitled to be consulted and heard before any adverse decision is taken against him,” reads the appeal.
Cheza seeks an order from the Supreme Court that makes him the lawful owner of the plot and the Ministry and those seeking to take over the farm be barred.
Cheza built green houses at the farm, sunk boreholes, installed a solar power system, has 105 cattle, 136 goats of an expensive breed, 56 sheep and employs 50 workers whose only source of livelihood is the farm. – Masvingo Mirror
