“Why is the State protecting private interests on state land?” Defence Lawyer queries

The Bulawayo Magistrates Court heard on Wednesday that Ernest Buseti, who is facing charges of unlawfully occupying state land at Umvutcha Farm, had previously written to police informing them of his intentions to return to that land since he and other resettled farmers had offer letters but was later arrested.

Buseti was arrested after leading a group of people to occupy the farm owned by Alister Michael Fletcher, who according to the accused’s lawyer, Bartholomew Mhandire, may not be owner because in November 2023, the Supreme Court issued a ruling that the land had been gazetted and designated for allocation.

Presenting his bail application submissions before Bulawayo magistrate Shepherd Munjanja on Wednesday, Buseti’s lawyer said the accused had previously informed police that he and the other resettled farmers were going to the reclaim the land in question prior their occupation. 

This was after the investigating officer, Detective Roy Mushayi of the Criminal Investigation Department’s Law and Order Section, who opposed bail on Tuesday, citing the likelihood that the accused may interfere with witnesses and invade the farm again.

However when the case continued on Wednesday, Mhandire said the State was making a bold claim that Buseti will return to the land as he had not set foot there since their eviction in 2018 until the Supreme Court ruled the land was state land in 2023.

“Buseti only went back there in early December 2023 in light of a Supreme Court ruling that declared that land to be state land. These resettled farmers were vindicated by the Supreme Court as the land does not belong to the third party (Fletcher) but belongs to the State,” Mhandire said.

“The accused was not 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 the land without notifying the police, he wrote to the police of their intention, using the basis of the Supreme Court Order.”

The accused’s lawyer said to show that Buseti is a law abiding citizen when he was advised by their legal counsel to vacate the land and wait for a full ruling, he did so.

“No one is occupying that land as confirmed by the investigating officer, so the State cannot allege that Buseti will go back to the land in question when he did not move in there from 2018 to 2023. So denying him bail is not in the interests of the justice  and the court has the powers to order the accused not to go back to the land until the matter is finalised,” Mhandire said.

Mhandire further stated his client had filed a court application for a declaration of rights, in which he seeks to declare that Fletcher who he cited as the first respondent has no right to interfere in that land.

“The Ministry of Lands is cited as the second respondent in that application and the Registrar of Deeds cited as the third respondent. Also pending in the High Court is a matter where the Minister of Lands is appealing against the eviction of the accused,” said the lawyer.

“The State has no prima facie case against the accused and it is not in the interests of the justice to detain the accused pending trial. The State has no solid proof against the accused.”

The accused’s lawyer also questioned if the police now had powers to “just arrest someone, bring them to court, then do investigations.”

“You don’t arrest to investigate but investigate to arrest and that is what is amiss in our jurisdictions and is neither supported in any provisions of law,” Mhandire said. 

Mhandire also said bail is a constitutional right and can only be limited if there are compelling reasons to deny him bail.

“From the reasons proffered by the State is that he may interfere with witnesses who the investigating officer in his own words said the purported witnesses are unknown either to him and the accused so how will the accused interfere?” he questioned.

“The State should be worried that the accused will abscond trial if granted bail. My client will not abscond and the State is not even alleging that.”

Mhandire said the accused was also summoned to police on December 21, 24 and 27, 2023 when he was eventually arrested and advised of pending investigations.

“Buseti never absconded but attended when he was called for the three times at the police station. He was cooperating to their demands and if released on bail he will abide by the court’s rules,” said the lawyer.

“The accused is a proper candidate for bail. He shall reside at his given address and not interfere with witnesses or evidence linked to this matter.  He shall not go back to that farm  and is further prepared to abide by the conditions provided by the court.”

The magistrate said he will make the ruling for bail application on January 4, 2024.