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Mashudu Netsianda Senior Court Reporter
A WHITE commercial farmer who was ordered to vacate a farm in Esigodini to pave way for a senior intelligence officer, has filed an urgent chamber application at the Bulawayo High Court challenging a ruling by a Gwanda magistrate. Provincial magistrate Reuben Mukavhi last week ordered Timothy Sean White to vacate Lot 2 of Lot 36 of Essexvale Avalon Farm which was allocated to senior intelligence officer, Zenzo Ntuliki.

Mukavhi fined White $300 or 30 days in prison for illegally occupying gazetted land. The magistrate said the farmer had shown a disregard of the law by continuously occupying the land despite him being advised to vacate the farm by the relevant authorities.

Interestingly, Ntuliki’s urgent chamber application seeking a provisional order interdicting White from interfering with activities at the same farm was last month dismissed by Bulawayo High Court judge, Justice Nokuthula Moyo.

White, in his founding affidavit citing the state as the respondent said Mukavhi erred in his ruling by failing to consider that the High Court had already made a determination that the appellant had lawful authority to occupy Lot 2 of Lot 36 of Essexvale Avalon Farm.

In his application through his lawyers, Webb, Low and Barry Legal Practitioners, White is seeking an order compelling the High Court to set aside both conviction and sentence, arguing that the magistrate misdirected himself by failing to consider the representations of the Ministry of Lands and Rural Resettlement officials.

“The learned magistrate misdirected himself in failing to consider the representations by the Ministry of Lands and Rural Resettlement officials that the appellant was lawfully authorised to remain in occupation of Lot 2 of Lot 36 of Essexvale Avalon Farm,” said White’s lawyers.

White further argued that the magistrate failed to put into consideration that he had mining claims over a portion of the farm measuring 30 hectares.

“The sentence imposed by the learned magistrate induces a sense of shock. Wherefore the appellant will pray that the appeal be upheld and the conviction and sentence of the magistrate’s court be set aside, and the appellant be found not guilty and acquitted,” said the lawyers.
White is seeking an interim order setting aside Mukavhi’s judgment.

The Bulawayo High Court last month barred Ntuliki from occupying the Esigodini farm Essex Vale Estate before the Gwanda provincial magistrate gave him the green light to take over the farm. The property was previously owned by White.

Justice Moyo dismissed the application by Ntuliki to bar White from interfering with activities at the farm saying the intelligence officer had not followed proper procedures in occupying the farm since White had not been served with an eviction notice.

Ntuliki had argued that White was blocking his workers from occupying the farm and refusing to vacate the property.