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Mashudu Netsianda, Senior Court Reporter

TWO illegal settlers who invaded Umvutchwa Farm in Umguza district were yesterday each ordered to perform 315 hours of community service.

Ernest Buseti (47) and Chikunda Sibanda (67) were convicted of contempt of court by Bulawayo magistrate Mr Tinashe Tashaya. They were sentenced to 12 months in jail of which three months were suspended for five years on condition that they do not within that period commit a similar offence. 

The remaining nine months were further suspended on condition that the two men perform 315 hours of community service at a local primary school. Buseti and Sibanda were recently arrested for illegally settling on Umvutchwa Farm whose owner is Mr Michel Fletcher. 

The illegal settlers, who have been at the property since 2008, recently lost their case at the High Court.

While other illegal settlers vacated the farm, Buseti and Sibanda failed to comply with a court order prompting Mr Fletcher to report them to the police for contempt of court.

In passing the sentence, the magistrate said contempt of court is a serious offence which warrants a custodial sentence. 

 He however, noted that since the two accused persons were first offenders, they deserved lenience.

“The courts have to jealously guard court orders and citizens must also comply with court orders. Failure to comply with a court order sends a wrong message to the public and in this case, the accused persons returned back to the land after the Messenger of Court had served them with eviction letters,” said Mr Tashaya.

“People should know that courts are not toothless bulldogs. They have teeth and the law doesn’t condone people who breach court orders.”

Mr Tashaya said there is a need for litigants to respect legal processes.

“Citizens must respect the court decisions and if they feel that justice did not prevail, they should use proper channels to communicate their grievances rather than defying court orders. Litigants have an obligation to respect the courts,” he said.

Prosecuting, Ms Memory Matare said sometime in March 2008, Buseti and

Sibanda were allegedly resettled at Umvutchwa Farm belonging to Mr Fletcher and the farm owner challenged their occupation in court. “On August 6, 2019, the Bulawayo magistrate’s court ruled that the plaintiff (Mr Fletcher) was supposed to be the one occupying the land in question and ordered the defendants to vacate the premises. Eviction notices were served on the defendants by the Messenger of Court on June 4, 2019,” said Mrs Matare.

The court heard that the accused persons refused to comply.

A report was made to the police leading to the arrest of the two accused persons. — @mashnets