The ManicaPost
Ray Bande
Senior Reporter
THE chief culprit in the illegal parcelling of residential stands at Gimboki, Binali Yard, had his bail revoked by the High Court and remanded in custody, as police yesterday (Thursday) raided the area and arrested scores of defiant squatters.
The squatters were arrested for defying a seven-day ultimatum issued by the Government for them to vacate the area or risk forced eviction.
Yard was arrested for violating his bail conditions to cease and desist from any activity connected with the parcelling out of land at Gimboki, and on Wednesday appeared before High Court Judge, Justice Jester Helena Charewa who remanded him in custody to April 4.
Yard’s latest brush with the law follows a video clip in which he was recorded addressing people outside Mutare Magistrates’ Court, stating that the occupation of Gimboki, which he refers as Gimblie Park, was a done deal and urged residents to take up their illegally allocated stands.
This was construed to be a direct violation of part of the bail conditions imposed on Yard, together with Brian Marange, Tawanda Ndawe, Webster Mudzimwa and Trust Matimba when they appeared at Mutare Magistrates’ Court last December for contravening Section 24 (1) as read with Section 24 (4) of the Regional Town and Country Planning Act, Chapter 19:12 (Unlawful carrying out development without permission) or alternatively criminal trespass as defined in Section 132 of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
The video clip has gone viral on social media, compelling Mutare High Court principal law officer, Mr Malvin Musarurwa, to apply for a warrant of arrest against Yard.
Yard surrendered himself to the police on Sunday.
“(The) respondent violated Clause 4 of his bail recognisances in that after his remand hearing, he addressed supporters outside Mutare Magistrates’ Court exhorting them: (a) not to panic from having benefited from the parcelled out land at Gimboki as their occupation was above board, (b) that though he and his co-accused could not visit Gimboki, those settled there should remain put, and (c) to continue to collect money to pay legal practitioners in connection with the Gimboki land.
“These utterances violated the second part of bail condition Number 4 which ordered the respondent to cease and desist from any activity connected with the parcelling out of land at Gimboki.
“Making people gather at Mutare Magistrates’ Court for him to make specific reference to the Gimboki issue was disrespectful and discourteous non-compliance with a court order and violation of his bail conditions,” said Mr Musarurwa.
Justice Chariwa concurred and revoked Yard’s bail conditions before remanding him in custody to April 4 for trial.
“Indeed, applicant is correct. The courts jealously guard the inviolability of their decisions unless set aside through due processes of the law.
‘‘Therefore, a litigant who disregards the order of the court or is disrespectful or discourteous of the court processes which have not been impugned through due process cannot expect protection of the court,” said Justice Chariwa.
It is the second major holiday for Yard to spend in custody after he spent the Christmas holiday, together with his co-accused in remand prison.
The unfolding Gimboki saga prompted Government to issue a seven-day ultimatum for illegal settlers in the area to move out or face the humiliation of forcible eviction.
A check at the sprouting urban settlement revealed that the illegal settlers have stayed put following the expiry of the ultimatum, arguing that they have nowhere to go.
When The Manica Post visited the area on Wednesday at the close of the seven-day ultimatum, the squatters insisted that they were not going anywhere, and would continue to stay put even if their illegal structures are mowed down.
One of the illegal settlers, Stewart Mwarira defiantly said they will erect shacks and tents to temporarily stay in.
“I do not have anywhere to go with my family, and this is now the place we call home. Yes, they can come and demolish our structures, but when they leave I will erect some makeshift tents to stay in at the same place,” he said.
Another illegal beneficiary, Lina Mutsago said: “Destruction or no destruction of our properties, we will stay put. If they kick us out of this place, where do we go? We do not have anywhere to go as we cannot afford rentals in Mutare.”
Florence Zinya appealed to Government to regularise the settlement.
Permanent Secretary for Manicaland Provincial Affairs and Devolution, Mr Abiot Maronge said they dispatched a team to assess the situation on the ground.
He said the team was still compiling its report and report back to him.
“We had a team that went to assess the situation on the ground. They are still to present their findings to me.
‘‘At the moment I am out of office in Buhera to assess progress on the Independence Day celebrations preparations,” said Mr Maronge.
