Zimpapers Logo

High Court Judge Justice Francis Bere in April ordered Mr Patterson to wind up operations and vacate Roslin Farm on or before May 30 and pave way for a land reform programme beneficiary, Mr Hapazari who had a valid offer letter issued by the then acquiring authority Minister of State for National Security, Lands, Land Reform and Resettlement in the President’s Office in 2008.

Instead of leaving the farm as per the High Court order, Mr Patterson, who has been resisting eviction since 2007, produced another offer later dated May 29, 2013 signed by Lands and Rural Resettlement Minister Herbert Murerwa.

Another person, Mr D. Patterson, who is believed to be Mr Grant Patterson’s son was also issued with an offer letter for part of the same property on the same date.  Mr Hapazari’s offer letter is still valid and has not been annulled or withdrawn.

Roslin Farm, measuring 681,58 hectares, was identified for compulsory acquisition and gazetted in 2002 for resettlement purposes and Mr Hapazari was allocated 390,58 hectares of the farm under the Model A2 Scheme.

Mr Hapazari, who has been battling to occupy the land at the farm since 2007, approached the High Court which ruled in his favour.
In his judgement, Justice Bere said Mr Hapazari was the holder of a valid offer letter, entitling him to occupy the farm.

“It is not in dispute that this farm was properly acquired by the Government of Zimbabwe for purposes of resettlement,” he said.
“The respondent (Patterson) being the former owner of this farm has stubbornly refused to give vacant possession of the farm to the plaintiff (Mr Hapazari).”

Justice Bere ruled that Mr Patterson failed to bring witnesses to testify on his behalf and justify his continued occupation of the farm.
He said neither the Ministry officials nor the Governor referred to in Mr Patterson’s testimony were called to testify on his behalf “despite it being clear that the onus was on him to justify his continued occupation of the land in light of the plaintiff’s documented entitlement to occupy the same land”.

Justice Bere said in the absence of evidence from the Ministry officials or the Governor, it could be clear that Mr Patterson was “merely” determined to soil the integrity of the officials in question. But the situation has been thrown into confusion following the issuance of the offer letter to Mr Patterson after Justice Bere’s judgment.