Published by the government of Zimbabwe
10 November 2009
Harare — CHIREDZI businessman and commercial farmer Didgy Shawn Nesbitt, who has been refusing to vacate acquired state land was last week fined US$200 and ordered to vacate the farm house and portions of the farm by November 27 this year.
Nesbitt was occupying the farmhouse and sections of Hippo Valley Settlement Holdings 30.
Chiredzi Magistrate, Mr Enias Magate, also ordered Nesbitt to vacate the crocodile farm by February 15, 2010 to pave way for the new beneficiary.
The portion of the land was allocated to Officer Commanding Matabeleland North Province Senior Assistant Commissioner Edmore Veterai.
The crocodile farm has nearly 8 000 crocodiles. In his ruling, Mr Magate found against Nesbitt that he had been occupying the State-acquired land without lawful authority.
"The piece of land is part of the gazetted land which is state land, whether he (Nesbitt) occupies the piece of land or not, the accused has to have lawful authority to occupy it," said Mr Magate.
He said the law was clear on the case in that it was common cause that four beneficiaries were offered land on the farm.
The farm was allocated to Senior Asst Comm Veterai and three others.
Nesbitt had asked to remain with a portion of land that had not been given to Senior Asst Comm Veterai. Mr Magate said the law clearly stated that one should have an offer letter or permit for land resettlement but Nesbitt did not have any of the documents.
Nesbitt, he said, had been given a temporary reprieve to wind up his business and that did not give him authority to stay at the property.
"It was temporary and nothing more, a recommendation does not constitute lawful authority," Mr Magate said. He said since Nesbitt did not have an offer letter, a permit or land resettlement lease, his stay at the farm was illegal.
The court, however, noted that Nesbitt was only given a temporary extension to wind up his business at his own commitment.
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