Hurungwe farmer jailed for violating contractual agreement
By Ndumiso Tshuma
A Hurungwe farmer, Augustine Nyamadzawo (38), from Nkani village under Chief Nematombo in Magunje, has been sentenced to six months in prison for violating the Farmers Stop Order Act.
The Farmers Stop Order Act prohibits dealing with crops or their proceeds in a way that avoids paying off prescribed costs, addressee fees, registered stop orders, or special stop orders linked to those crops.
The charges stemmed from a contractual agreement Nyamadzawo entered into with Boost Hail and Cotton Private Limited under the Farming Input Credit Scheme.
According to the National Prosecuting Authority of Zimbabwe (NPAZ), in July 2023, Nyamadzawo agreed to cultivate tobacco under the scheme. He received necessary inputs from the company and worked under their supervision. As part of the agreement, he was required to sell the harvested tobacco crop only to the complainant. However, he breached the contract by selling the crop elsewhere.
“He also agreed to work under the supervision of an agronomist appointed by the complainant. Upon harvest, the accused was contractually obligated to sell the entire tobacco crop cultivated using the inputs provided by the complainant, to the complainant, according to the agreed terms,” said NPAZ.
NPAZ further stated that Nyamadzawo’s actions caused a financial loss of US$829 to the complainant, with no chance of recovery.
“The accused person failed to fulfill his obligation and instead delivered the crop elsewhere. The complainant suffered a loss of US$829 and has not been able to recover any of it,” said NPAZ.
The Karoi Magistrates’ Court sentenced Nyamadzawo to six months in prison with four months suspended on condition of repaying the US$829 by July 1, 2024.
“The accused was convicted and sentenced to six months’ imprisonment. Four months were suspended on condition of restitution of US$829 by July 1, 2024. Additionally, two months were suspended on condition that the accused pays a fine of US$150,” said NPAZ.