Source: Village heads, ‘illegal settlers’ crosswords in Chikomba -Newsday Zimbabwe
OUTSIDERS who bought land in the Madzivire communal area in Chikomba, Mashonaland East province, have dragged village heads, who are against their settlement in the area to the Chivhu Civil Court, seeking a protection order against them.
The 19 suspected illegal settlers allege that the three village heads, Rugare Chikumbirike, Onias Chirambwi and Celestine Gona, cited as respondents, were disturbing their peace.
Four Madzivire villagers were also cited as respondents.
The 19 settlers followed a similar application made by 11 other settlers who approached the court seeking the same order earlier in January.
This is despite the fact that the village heads together with other villagers in the Madzivire area had filed a High Court application seeking an eviction order against the settlers.
The High Court application is still pending.
In the High Court application, the village heads accused chief Musarurwa born Enos Masakwa of parcelling out land to the alleged illegal settlers in connivance with other traditional leaders.
In the Chivhu Civil Court application, the villagers accused the village heads of committing various offences which include damaging their properties and theft.
In their opposing affidavits, the village heads, represented by Kudakwashe Gama of Gama and Partners, argue that the allegations are malicious.
They accused the alleged illegal settlers of dragging them to court to counter their High Court application and to intimidate them not to challenge the alleged illegal sale of State land.
“Most of the affidavits allege purported criminal offences, mainly malicious damage to property and theft,” Chikumbirike said.
“There is also the allegation that some of the respondents let their cattle graze on some of the applicants’ fields. One does not seek a peace order because their property has allegedly been stolen.
“Further, one does not seek a peace order because the respondent has allegedly allowed his cattle to graze on the complainant’s land.
“Further, one does not seek a peace order because another person has allegedly committed arson or malicious damage to property. A peace order is only sought in the circumstances referred to in section 388 of the Criminal Procedure and Evidence Act.”
The village heads are challenging the settling of up to 70 outsiders in the communal area.
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