BUSINESSMAN Mr Tawanda Nyambirai has accused ousted former Vice President Dr Joice Mujuru and her late husband Retired General Solomon Mujuru of pushing him out of his three farms in Mashonaland East Province.

In papers filed at the High Court seeking to repossess the farms that have since been acquired by some Zanu-PF officials with the blessing of the couple in 2002, Mr Nyambirai claimed that his family and employees were subjected to intimidation and torture at the instigation of the Mujurus.

Mr Nyambirai, a lawyer by profession, is a Partner of Mtetwa & Nyambirai Legal Practitioners. He was the Chairman of Econet Wireless Zimbabwe Limited for 8 years until December 2012.

Mr Nyambirai said he owns the farms — Kopje Alleen, The Beach and Rusfontein — through his companies Naval Phase Farming (Pvt) Ltd and Beach Farms Pvt Ltd.

The First and Second applicants are Naval Phase Farming (Pvt) Ltd and Beach Farms (Pvt) Ltd, while Mr Nyambirai is the Third Applicant.

The Minister of Lands, Land Reform and Rural Resettlement, former Zanu-PF MP for Chikomba Cde Bernard Makokove, suspended former Zanu-PF Mashonaland provincial vice chairperson, Cde Stephen Chiurayi and Mr Malvern Dzvairo are First, Second, Third and Fourth Respondents respectively.

Cde Chiurayi was recently suspended by Zanu-PF for being aligned to the Mujuru cabal.

"I acquired these two farms and all the moveable assets thereon through the acquisition of the entire issued capital of Second Applicant under two separate agreements dated 21 September 2000," avers Mr Nyambirai.

"A copy of the agreement relating to the acquisition of the entire issued share capital of Second Applicant is attached hereto. The Applicants and I financed the acquisition of these farms from our own resources supplemented by loans that I got from NMB Bank Limited who were my employers at the time. I borrowed Z$10 million from NMB Bank Limited. The bank registered a mortgage bond over the property for the same amount."

Mr Nyambirai said he was dispossessed of his farms in February 2002 while his brothers and employees were "terrorised, tortured and kidnapped".

He was granted a provisional order by the High Court on February 10, 2002 to reclaim the land.

"My legal practitioner, Mrs (Beatrice) Mtetwa and I attempted to serve the provisional order on the illegal occupants of the farms. They intimidated us and chased us away. The intimidation continued at the Featherstone Police Station where we had sought assistance," he said.

Mr Nyambirai said his brothers Emmanuel and Nobert were then kidnapped and subjected to 'severe torture'.

"After this torture incident, I received a call from the late Retired General Solomon Mujuru with an instruction to meet him at his offices that were then in Milton Park (Harare). I went to meet with him.

"I was subjected to verbal abuse, including false accusations that I was merely fronting for white people. I showed the late Retired General all my papers, including copies of the mortgage bonds.

"However, he still insisted that I should vacate the farms as the occupants of the farms had his blessings to take away farms," said Mr Nyambirai.

He said Rtd Gen Mujuru directed him to go and meet then Mashonaland East Governor David Karimanzira and his team where they were put in a room that had members of the Central Intelligence Organisation and the police.

"I was subjected to further threats and verbal abuse. I had previously sought the intervention of the late Vice President Joseph Msika. In the meeting, I was ordered never to see the late Vice President Msika over the issue.

"The officials present including the late Honorable David Karimanzira claimed that the late Vice President Msika was a titular Vice President without any power and that all power was vested in the late Retired General Mujuru.

"I was threatened with worse consequences than the kidnappings and torture of my brothers if I did not withdraw the High Court application and stop seeking the intervention of the late Vice President Msika. I succumbed to the pressure and the duress and instructed my lawyers to withdraw the High Court proceedings," said Mr Nyambirai.

He said Dr Mujuru then filed applications and affidavits to the Administrative Court for the compulsory acquisition of the farms but was to later withdraw the applications midway the hearing.

Mr Nyambirai said the timing of the latest application was influenced by the latest political developments.

"After having been forced to withdraw a High Court application in which the applicants had an enforceable provisional order, the applicants were simply too scared to vindicate their property earlier.

"The applicants have been given courage to bring this application by the position taken by Government against abuse of power allegedly associated with the former Vice President Joice Teurai Ropa Mujuru," said Mr Nyambirai.

Respondents' opposing affidavits could not be obtained.





Comments   

sumbu
0 # sumbu 2015-06-17 17:52
Chakabiwa chaka biwa hazvina basa kuti wakazochitenga. Besides blaz munemari tsvagai pamwe pekutenga.
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wasu
0 # wasu 2015-06-18 09:45
Big Solo would do that,but that is how the land reform was carried out,some lost wealth during the process and others gained unfairly.That is what revolution do,but that is where i admire old man Bob's intelligence,he said NO TITLE DEEDS FOR LAND ACQUIRED UNDER THIS PROGRAMME,IT IS STATE LAND AND YOU CAN ONLY LEASE!!To text book economists and short sighted social scientists,he is wrong,but to Visionaries,he is a genious.He is avoiding land wars in the future,.Almost 80% opposition members did not benefit from this freeland,their children are growing up and they will ask why they dont have land,!There fathers will tell them,and the kids,who will be adults by then,will dig for information,and will find that the land was given for free,but on party lines,they will demand a share.The current occupancy,if the gvt give them deeds as the confused are demanding,will produce the deeds in court,the courts will be in a dillema.But do you think these pple will sit back and accept defeat when they really kno how the land was got?A revolution will ensue,and this time it will be bloody!So no title deeds cdes,occupy it,use it,administer it,exploit it,but it is not yours,even the equipment therein is not theirs.!If the RBZ bill sail thru in its original state,the equipment will be paid for by the state,so it is state equipment.No deeds,cdes
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Peter
0 # Peter 2015-06-18 15:34
The rest of the world is just acknowledging the signing of the Magna Carta 800 years ago and beginning of the rule of law. Unfortunately there is no law in Zim.
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