By Mary Taruvinga
EXILED former minister, Saviour Kasukuwere has filed an urgent chamber application with the High Court seeking to put to action a judgment made by Justice Edith Mushore ordering war veterans off his Mazowe farm.
The war veterans, Efanos Mudzimunyi, Kudakwashe Moyana, Kenneth Mudzimunyi and Akim Mudzimunyi have since appealed against Mushore’s ruling as the fight over the occupation of Corncorpia Farm intensifies.
Kasukuwere grabbed the farm during the controversial land reform programme but was given a withdrawal letter by Agriculture Minister Perrance Shiri early this year resulting in the case spilling into the courts.
The ex-MP and his company, Seaflower Investment filed an urgent spoliation against the respondents on May 19, 2020, and the application was granted on May 29, 2020 by Justice Mushore.
However, the war veterans have since filed an appeal at the Supreme Court but Kasukuwere is arguing their legal action was only an abuse of the courts.
“The appeal can only be described as an abuse of the process of the Supreme Court and an abuse of the right to appeal,” argued his lawyers.
“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 respondents’ counsel made concessions and issues that are irrelevant.
“In the meantime, the respondents and their agents have been harvesting produce at the applicant’s farm, unlawfully, and without the applicant’s consent.
They also submitted that the respondents have been disrupting farming activities in a manner that shows that they are aware that the appeal filed by them is intended merely to buy time within which to harass Kasukuwere.
They said the application is by its nature urgent, based on relief that the High Court granted on an urgent basis and unless arrested, the illegal conduct of the respondents will not abate.
Kasukuwere’s lawyers say the matter has been reported to the police but no action has been taken.
He is seeking leave to execute the order granted by the court last month which granted him occupation of Corncorpia Farm, Mazowe in Mashonaland Central province.
The war veterans were given 14 days to vacate.
However, in their appeal, the war veterans argue the High Court erred in granting Kasukuwere audience because he is a fugitive from justice with two outstanding warrants.
“I will state that I am not a fugitive from justice as alleged by the respondents. The warrants they produced, relate to proceedings that have since been quashed by this court. I am a free man and this court has treated me as such,” he said.
Kasukuwere argued that even if he was to be treated as a fugitive, it does not take away his right to be heard.
“I contend that the three grounds of appeal filed by the respondents have no prospects of success. They have been filed for no other reason than to perpetrate the criminal theft of produce at Cornucopia Farm and the destruction of my garden.
“They occupied my farm because they wanted to make off with crops they did not cultivate. This conduct is criminal,” he said.
The case is yet to be heard.