By Staff Reporter
EXILED former minister, Saviour Kasukuwere was Friday given a second reprieve by the High Court to evict a war veteran who invaded his sprouting Corncorpia Farm in Mazowe last month.
It is, however, yet to be seen how the combative former Zanu PF national political commissar, jettisoned from the ruling party at the height of a military coup which toppled late former president Robert Mugabe in November 2017, will implement the ruling as the concerned war veteran, Efanos Mudzimunyi has ignored a previous order to vacate the citrus estate.
Mudzimunyi, who is also Mazowe district war veterans chairperson, had earlier approached the Supreme Court to appeal against the High Court decision, prompting Kasukuwere to file an urgent High Court chamber application.
High Court judge Justice Edith Mushore, who handled the case, ruled that the earlier ruling by the same court subsists, implying Kasukuwere had the right to evict Mudzimunyi.
“The order of this court granted by honourable Justice Mushore in respect of the parties in this matter, under case number HC2426/20 on May 2020 shall operate and be executed pending the outcome of the appeal in case number SC220/20,” Justice Mushore said.
According to court papers, the farm was given to Kasukuwere at the height of the controversial land reform programme but early this year government apportioned part of his farm to Mudzimunyi resulting in the case spilling into the courts.
However, upon being asked to leave the farm, the evicted war veteran went ahead and filed a Supreme Court appeal claiming he also had rights over the property in the form of an offer letter.
The move by the war veteran then prompted the former minister to then approach the High Court again seeking leave to execute Justice Mushore’s order.
In his founding affidavit, Kasukuwere argued the invader’s appeal could only be described as an abuse of the court’s process.
“The appeal can only be described as an abuse of the process of the Supreme Court and an abuse of the right to appeal. Suffice to state that the appeal has no prospects of success at all, as it is based on attempts mainly to reconsider issues on which the respondent’s counsel made concessions and issues that are irrelevant,” he said.
Kasukuwere also submitted Mudzimunyi was harvesting produce at his farm without his consent and further disrupting farming activities in a manner that showed he (Mudzimunyi) only intended to buy time and harass him.