Judge accuses Mugabe of using political muscle to wrestle farm

WAYNE MAFARO | Friday February 6, 2009 00:00

Court documents in our possession filed on November 10 last year show that High Court Judge Ben Hlatshwayo had been allocated Gwina Farm, located in Banket, Zvimba District, in Mashonaland West province and measures approximately 580 hectares.

Hlatshwayo's affidavit exposes Mugabe and his family as multiple farm owners through their company Gushungo Holdings that carries out farming activities at Mazowe Farm, Sigaro Farm, Leverdale Farm and Bassiville Farm.

Gushungo Holdings is cited as the first respondent and the Minister of State for National Security, Land Reform and Resettlement is cited as the second respondent.

Hlatshwayo said that the 'unlawful conduct' by Gushungo Holdings amounted to spoliation and that service of the application was likely to lead to 'more perverse conduct with serious consequences for stability at the farm, security and safety of equipment and processes'.

He said he was invited to a meeting with State Security Minister Didymus Mutasa who informed him that his farm was required by Grace Mugabe.

'At the meeting which was attended by ministers Mutasa, Patrick Chinamasa (Justice) and Joseph Made (Agricultural Mechanisation), I was informed that the farm was required by the First Lady (Grace Mugabe), and that attempts would be made to secure for me alternative land,' said Hlatshwayo.

Since then, emissaries of the First Lady have been frequenting the farm and issuing out instructions to workers, the documents say.

'There is clearly no lawful basis for such interference which conduct, by its very nature amounts to spoliation. It is obvious that 1st Respondent (Gushungo Holdings), in particular, is intent upon imposing his will regardless of observing due process of the law, and that in doing so, appears to be bringing the name of the First lady of Zimbabwe into disrepute,' said Hlatshwayo.

'Additionally, and as is manifest and/or implied from the Founding Affidavit, this application has underlying political overtones, the nature of which is likely to give risk to preserve conduct on the part of, in particular, 1st Respondent,' the affidavit said.

In his opposing affidavit, Mutasa said that Hlatshwayo had been allocated alternative land at ARDA Transau, Mutare District.

For the 2008/9 agricultural season, Hlatshwayo has been contracted under National Foods' Security Champion Farmer Programme to plant 200 hectares of commercial maize, which is in line with 'national effort to end the hunger currently ravishing the land'.

He is also under contract with seed-making company Seed Co to plant 50 hectares of seed maize, 30 hectares of seed soya and 40 hectares of seed sorghum.

The matter has not been given a date for hearing.