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Home ROHR News ROHR in Zimbabwe Magistrate rules in favor of the eviction of 26 families under mysterious circumstances

Magistrate rules in favor of the eviction of 26 families under mysterious circumstances

In a highly controversial development magistrate Chakanyuka on Friday 2nd October ruled in favor of the eviction of 26 families from Foothills farm, 15 km from Bindura along Matepatepa road. The judgment was based on a default judgment of 11th September this year in which the applicant Ruston Ngandu sought to evict the respondents.  

Independent critics including the defence lawyers have expressed shock and disapproval towards the ruling and it has been slammed as lacking merit and biased even under the scrutiny of a layman’s eye. Defense lawyers representing the 26 families have noted with concern that magistrate Chakanyuka, did not take into consideration their submissions before she handed out her judgment.  

In their argument Bonyongwe and partners representing the 26 families argued that Foothills farm was not resettled and it is meant to be a township with space for a school, clinic and commercial ground for shops. They further argue that the default judgment of 11th of September is null and void since their clients were not officially served.  

Further, Ruston Ngandu did not produce any legal documents in the form of title deeds or valid offer letter to prove that the area in question was allocated to him by the government.  

An eye witness who refused to be named, revealed to ROHR Zimbabwe that magistrate Chakanyuka was seen the night before the court ruling at Kimbery Refey, a local hotel in Bindura in the company of a notorious war veteran comrade Sato Webster Bepura who is also evicting farm workers from foothills farm, Mashonaland Central governor advocate Martin Dina and Acting Area Public Prosecutor Mr. Gini, raising fears that the ruling to evict the 26 families was a result of interference on the bench by supporters of ZANU PF.  

Commenting on the outcome, ROHR Zimbabwe’s secretary general, Tichanzii Ganganda said the ruling was a smack on the face of justice and it represents the manipulation of the law by those with influence to deny fair trial to vulnerable citizens.  

Magistrate Chakanyuka is set to decide on the fate of another 50 families facing eviction from Carse farm when their case continues on Friday the 9th of October. Meanwhile Binyongwe and Partners are set to submit an appeal to the High court to challenge the ruling by magistrate Chakanyuka.
 

From the information Department of Restoration of Human Rights (ROHR) Zimbabwe
For Peace, Justice and Freedom

Last Updated ( Mon, 05 Oct 09 22:45 )  

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