The bail ruling for Ernest Buseti who is facing charges of unlawfully occupying state land at Umvutcha Farm that was scheduled for Thursday was postponed to Friday under unclear circumstances.
However, sources claimed Bulawayo Magistrate Shepherd Munjanja notified Buseti’s lawyer and the state prosecutor in his chambers that he was sick and would make the ruling on Friday.
Buseti was arrested last year in December after leading a group of people to occupy Umvutcha Farm, reportedly owned by Alister Michael Fletcher.
Disputes over Umvutcha Farm date back several years after the land was erroneously declared agricultural land instead of municipal land while the property falls under municipal land and must be governed as per provisions of Statutory Instrument (SI) 212 of 1999.
However, Buseti’s lawyer, Bartholomew Mhandire, argued in court that the accused and the group he had been leading had offer letters and had been paying rates to Umguza Rural District Council (RDC) since 2008.
Mhandire also said Fletcher was not the owner of that land because in November 2023, the Supreme Court issued a ruling that the land had been gazetted and designated for allocation.
The lawyer added that Buseti had not been evicted by the Ministry of Lands but the third party (Fletcher) despite the land being gazetted and appropriated by the State for allocation.
“”The accused also didn’t go to the land without notifying the police, he wrote to the police of their intention, using the basis of the Supreme Court Order,” Mhandire said.
Meanwhile the government has issued a warning that anyone who settles on state land without authority will face prosecution after noting an increase in the number of illegal settlers on agricultural land.
In a press release on illegal settlement on agricultural land on January 3, 2024, Minister of Lands, Agriculture, Fisheries, Water and Rural Development, Dr Anxious Masuka said he was the only one authorised to issue tenure documents.
“It is a criminal offence in terms of the Zimbabwe Land Commission Act (Chapter 20:29) and the Gazetted Lands (Consequential Provisions) Act to occupy State land without lawful authority in the form of a permit, an offer letter or a lease,” Dr Masuka said.
Dr Masuka said Land applications should be made to the District and Provincial Lands offices where applicants are given waiting list allocation numbers.
“Applicants should use these numbers to track progress with their applications. War veterans have a 20 percent quota and a separate application register. Youth have a 20 percent quota and a separate waiting list,” he said and added that the government will not regularise those that settle themselves on State land without procedurally issued tenure documents.
“The full wrath of the law will be applied in such cases of illegal settlements. Those found occupying state land without authority will be prosecuted.”
Dr Masuka said that agricultural land is not for sale.
“Do not pay and do not allow anyone to charge you to access agricultural land. Report any such activities to the nearest law enforcement agencies or to agricminister@gmail.com, cell number 0712169557. Ministers of State for Provincial Affairs and Devolution in their capacity as Chairpersons of Provincial Land Committees should activate the necessary structures to deter and evict any illegal settlers,” said the lands minister.
