Published by the government of Zimbabwe
26 May 2009
Harare — FORMER Chiredzi MP and Zanu-PF Politburo member Cde Celine Pote has defended businessman and former commercial farmer Digby Sean Nesbitt, who is facing charges of refusing to vacate State-acquired land, saying he is still in lawful occupation of the farm.
Cde Pote, a defence witness in the case, told Chiredzi magistrate Mr Enias Magate last Thursday that the matter was still before the courts hence Nesbitt was still the legal owner of the land in question.
She was also representing the Masvingo provincial political leadership -- former Governor Willard Chiwewe, Higher and Tertiary Education Minister Stan Mudenge and former MP Dzikamai Mavhaire -- among others in giving her testimony.
"He (Nesbitt) is in lawful occupation of the property and his matter is still before the court and the responsible authorities," she said.
She said as the political leadership in the province, they had decided to look into his issue because he was doing a lot of charity work in the community and for the nation at large.
She said when the farm was allocated to four beneficiaries, Nesbitt sought her assistance, prompting her to approach her colleagues.
Cde Pote said their determination had been that the portion of land measuring about 70 hectares that had been allocated to Police Senior Assistant Commissioner Edmore Gochai Veterai was lawfully Nesbitt's. She said the provincial leadership had also approached Cde Didymus Mutasa -- the then Minister of State for Security, Lands, Land Reform and Resettlement -- who also gave them verbal assurance in 2007 that Nesbitt should remain on the farm.
Minister Mutasa is said to have made an undertaking to visit the contentious piece of land in order to make a final decision.
Cde Pote said they had approached Minister Mutasa's office over other farm ownership disputes.
The provincial leadership felt not all white commercial farmers should leave the land, Cde Pote told the court.
However, in his cross-examination, chief law officer Mr Tawanda Zvekare questioned Cde Pote if she meant to say land reform would not take place if all white farmers co-operated with the State and engaged in charity work.
"Are you saying that the land reform programme is targeting white farmers who weren't co-operating with the people?
"If all of them were working with the people well or assisting them, then it means that there is no land reform programme?" asked Mr Zvekare.
He said the essence of the land reform programme was to distribute land to the majority and the land in question was State land.
Mr Zvekare said Nesbitt had unlawfully continued staying on the farm because he had no offer letter.
Nesbitt (55), who has South African citizenship, was in 2007 told by the State to wind up operations and vacate the farm.
"Does Nesbitt have an offer letter? You (Cde Pote) have agreed that Farm 30 was distributed to four beneficiaries by the State and where do you come in?" asked Mr Zvekare.
He said it was logical that considering Cde Pote's claims that the provincial leadership was behind Nesbitt, who is the director of Hippo Valley Settlement Holdings 30 in Chiredzi, he should have had an offer letter by now.
"Why do you want to return land to Nesbitt which has been acquired by Government? And where do you also come in with your so-called disputes?
"Government has already distributed the land to four beneficiaries," said Mr Zvekare.
He said the land reform programme was a national programme not a party programme and should benefit all the Zimbabweans.
"Can we say that you (Cde Pote) are now an enemy of the State since it has already distributed the land to the beneficiaries?" asked Mr Zvekare.
Nesbitt's farm was gazetted on May 7, 2004 in the Government Gazette for compulsory acquisition.
It was subsequently acquired through Constitution of Zimbabwe Amendment (Number 17) Act.
It was planned and marked into four subdivisions through the land reform planning process.
Thereafter, the farm was offered to four beneficiaries who include the officer commanding Matabeleland North Province Snr Asst Comm Veterai, who was allocated subdivision 4 of the said land.
Nesbitt and N&B Transport (Pvt) Ltd -- the company he owns -- were required by law to cease to occupy, hold or use Hippo Valley Settlement Holdings 30 45 days after December 20, 2006 as per Statutory Instrument 254 of 2006.
However, then Minister of Lands Mutasa issued Nesbitt with a temporary authority to stay on the farm to wind up business up to November 30, 2007.
Be the first to Write a Comment!
Copyright © 2009 The Herald. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
