Published by the government of Zimbabwe
8 October 2009
Harare — A Chinhoyi Magistrates' Court has issued a warrant of arrest against the Minister of State for Presidential Affairs Didymus Mutasa for failing to testify in a land case involving a Mhangura white commercial farmer charged with refusing to vacate State land.
The magistrate, Mr Ngoni Nduna, issued the warrant after Minister Mutasa failed to appear in court to testify as a defence witness in the trial of Robert Mckersie, who is accused of refusing to vacate land duly acquired by the State for resettlement purposes.
It is a criminal offence to remain in occupation of land without lawful authority under the Gazetted Lands (Consequential Provisions) Act.
Minister Mutasa had been served with a subpoena to give evidence in defence of the white farmer on Tuesday, but he instead sent his lawyer, Mr Itai Ndudzo of Mutamangira and Associates, to inform the court that he would not be present.
Defence lawyer Advocate Thabani Mpofu successfully applied for the minister to be issued with a warrant of arrest, arguing that he had been properly served with the subpoena and that he was disobeying it.
Prosecutor Mr Herald Matura objected to the application, saying Mr Ndudzo should be heard on behalf of the minister.
But the court ruled that Mr Ndudzo had no right to be heard in the proceedings and proceeded to issue the warrant.
After the issuance of the warrant, Mr Ndudzo unsuccessfully tried to have it cance- lled.
The prosecution has since closed its case in the matter and the minister was supposed to testify for the defence after Adv Mpofu insisted that he was relevant to his client's case.
Mckersie, who occupied Chipungu A Farm in Mhangura, is accused of refusing to vacate the property to pave way for a newly-resettled farmer under the land reform programme.
It is the State's case that Government on September 14, 2005 acquired the farm and Mckersie was served with a notice to vacate by February 4, 2007.
The State alleges that Mckersie was given an additional four months to harvest his crops and was, thus, expected to leave the farm by June 30 in the same year. A crop and animal assessment was done at the farm and the new beneficiary was introduced to the farm manager who was only identified as Mr Landsberg.
According to the State papers, Mckersie did not leave the farm despite the expiry of the deadline and grace period.
It is the State's contention that Mckersie acted unlawfully by continuing to occupy the gazetted land.
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