The ManicaPost
Tendai Gukutikwa
Weekender Reporter
THREE Mutasa farmers who are embroiled in a nasty land dispute that has been going on for close to a decade have approached the Mutare Civil Court for a solution.
The dispute which started in 2013 after the three were relocated to Mutasa exposed deep-seated differences as the parties threw counter-accusations against each other.
Charles Myereka dragged fellow farmers, Patrick Mabhungu and Fungai Mandiwanzira to court, accusing them of being illegal settlers on his farm.
He further accused them of invading his privacy by visiting his homestead and taking photographs without his consent.
“I do not know what they want to use the photographs for. Maybe they now want to sell my farm as I have failed to evict them for the past nine years.
“When I asked them what was their business at my homestead during my absence, they lied that they were looking for their stray cattle,” he said.
He begged the court to renew an expired protection order which had been granted to him against Mabhungu and Mandiwanzira.
The protection order expired in December 2021 after five years.
He also accused the pair of insulting him and threatening to assault him each time they meet.
Myereka claimed that the two were fraudulently issued with permits for one hectare pieces of land on his land.
An interdict to stop the two from developing the pieces of land was issued in 2013.
However, the duo disregarded the court’s ruling and they were subsequently arrested on contempt of court charges.
They are currently being prosecuted before the Mutasa Magistrates’ Court over the contempt of court issue.
However, the protection order application was heard before Mutare magistrate, Mr Xavier Chipato.
Mr Chipato granted the protection order in Myereka’s favour.
Mabhungu and Mandiwanzira were ordered to stop insulting, intimidating and harassing Myereka.
“I cannot grant an eviction order as it is not the matter before me today. As you have said, that matter is currently before the Mutasa Magistrates’ Court, so it will be dealt with and finalised there. I will only deal with the protection order matter as it is the application before me,” said Mr Chipato.
In his response, Mabhungu labelled Myereka a liar and denied ever stealing his property.
He said his permit states that his piece of land is not on Myereka’s farm.
“Maybe he should be ordered by the court to bring his own permit to show the boundaries. This man does not want us to be his neighbours, but we cannot do anything about it because we do not choose where the Ministry of Lands allocates us,” said Mabhungu.
Mandiwanzira denied assaulting and insulting Myereka.
“Your Worship, between our farms and this man’s farm is a plantation that belongs to someone else. lt acts as a boundary. Whenever this man sees either one of us, he rushes to the police to report that we are in contempt of court.
“Maybe it should be explained to him that this protection order seeks to preserve peace between us. It is not a weapon to persecute us,” said Mandiwanzira.
As a result, the purpose of the protection order was explained to all the feuding parties.
Mr Chipato also told Myereka not to take the order as a weapon to attack his neighbours.
