High court interdicts commissioner
NEWLY appointed Secretary of Commissions, Tsitsi Choruma who is embroiled in an ongoing farm grab scandal has been ordered by the High Court to stop building on the Mazowe farm she allegedly wants to take until finalisation of the matter.
Prosper Muchenje who is currently in possession of Amandas Estate ,Mazowe approached the High Court seeking an order stopping the government official from interfering with his farming activities and property.
To allow her to do so would result in irreparable harm to Muchenje in the event HC 3437/22 is resolved in his favour. “Choruma would not suffer any harm as she will be allowed to proceed with her projects in the event she wins in HC3437/22. Currently, there is no alternative remedy to Muchenje as he has been to the second respondent’s offices, to the police, back to court and nothing has stopped.
“Pending the final determination of this matter, it is hereby ordered that Choruma be and is interdicted from interfering with the occupation of Muchenje of plot 3 and plot 5 and from making any developments of the said plots until the final determination of the application for spoliation by the applicant under HC 3437/22.” Circumstances as alleged by Muchenje are that Choruma approached him and alleged she was allocated plot 5. Despite her allegations, Choruma attempted to take over part of plot 3, which she alleged was plot 5.
This caused a dispute between the two, leading to Muchenje approaching the High Court in May this year to settle the matter while also engaging Lands minister Anxious Masuka However, his matter was set down to July this year and it was during that period that Choruma allegedly continued invading Muchenje’s farm.
It was his allegations that Choruma had drilled a borehole on his farm around May and sent builders on his farm to start erecting permanent structures two months later. He argued that Choruma had done all these despite the existence of a peace order he got against her in April from the police and her full knowledge that he had already instituted legal action over the ownership battle following her drilling the borehole.
However, Choruma had denied the allegations raised by Muchenje, arguing: “In the present case, the 1st respondent has occupied subdivision 5. She has not occupied subdivision 3. How the applicant wants her to be barred from interfering with applicants’ occupation is anyone’s guess. One cannot be interdicted from what they are not doing or from an action that is not even threatened.”