Bona, hubby sue ministry
Former president Robert Mugabe’s daughter Bona and hubby Simbarashe Mutsahuni have dragged the lands ministry to court challenging provisions of SI 41 of 2020 that called for downsizing of local farms.
The application has been made in terms of Section 85 (1) (a) of the Constitution.
Bona and Simbarashe were in 2017 allocated a model A2, phase II in respect of a subdivision consolidation of two farms namely RE of Sigaro and Gwebi Wood of Sigaro Farm measuring 1 804, 9719 hectares in Mazowe.
However, in February this year, the Ministry of Lands, Agriculture, Fisheries, Water and Rural Resettlement wrote to the couple withdrawing the same offer letter with the intention to separate the two farms indicating that the couple would be left only with division R/E of Sigaro.
According to the new government order, farm lands in natural regions II now carry a maximum of 500 ha whilst region III went up from 500 ha to 750 ha.
In their papers, the Mustahunis claim that SI 41 of 2020 is unconstitutional and infringes upon farmers’ investments.
“The statutory instrument has a negative retrospective effect of practically reducing land sizes for farms already allocated to farmers and thereby interfering with already vested rights in terms of already issued offer letters.
“…it is arbitrary for it for it to subsequently legislate in retrospect to negatively reduce the size of such land without regard to whether or not the concerned farmer is effectively utilizing the farm and the extent of investment made by such farmer.
“It is applicant’s submission that SI 41 of 2020 is both irrational and arbitrary contrary to the rule of law entrenched in section 44 of the Constitution which directs the government, its functionaries or any other authority to respect individual basic rights,” reads Simbarashe Mutsahuni’s affidavit.
The couple also accused government of unreasonable interference.
“The statutory instrument, in effect has been used to deprive the applicants’ property rights conferred to us under the aforesaid offer letter.
“The deprivation is unfair, unreasonable, unnecessary and unjustified in any democracy in that it is being without due regard to the vast investment I have done on the land and in circumstances where there is no allegation of underutilization,” reads the papers.
Government published the Rural Land (Farm Sizes) (Amendments) Regulations, 2020 (No.2) (SI 41of 2020) on February 14th last year.
The amendment was done in terms of section 21 of the Land Commission Act (Chapter 20:29) repelling provisions of the Rural Land Regulations, 1999, published in SI 419 of 1999.
The matter is pending before the courts.
Minister of Lands, Agriculture, Fisheries, Water and Rural Settlement, Dr Anxious Masuka and Attorney General Advocate Prince Machaya are cited as respondents.
In other news, Bev breaks down as marriage crumble. . . claims hubby is cheating
Beverly ‘Bev’ Sibanda’s marriage with her husband, Chambuka Mufudzi has crumbled after 13 months.
She got married in May last year before holding a court wedding.
Recently Bev posted insinuating that it might be over between her and husband…Learn More