Daniel Nemukuyu Senior Court Reporter

A MAZOWE white farmer has approached the High Court seeking the exhumation of the remains of liberation war hero Captain Eleck Matotoba who was buried recently at Ndiri Farm.
Capt Matotoba was embroiled in a dispute over the farm with Mr Louis Greyling.

He died early this month in a road accident along the Mazowe-Harare road and was buried at the farm after the intervention of the Mashonaland Central provincial leadership.
The body, according to Mr Greyling, was buried 10 metres away from his farmhouse.

Through his lawyer, Mr Edmore Jori of Wintertons law firm, Mr Greyling has filed an urgent chamber application at the High Court seeking exhumation of the remains and evic­tion of the hero’s widow and family.

The widow, Ms Pamela Matotoba, Mashonaland Central Provincial Governor Martin Dinha, Local Government, Rural and Urban Development Minister Ignatius Chombo, and Lands, Land Reform and Reset­tlement Minister Herbert Murerwa are listed as respondents.

Yesterday, the parties appeared before Jus­tice Chinembiri Bhunu who noted that the feuding parties did not hold any offer letter neither did they have power to evict each other.

Governor Dinha said Government was considering giving the offer letter to the Mato­toba family, but the judge deferred the pro­ceedings to next week to allow the Ministry of Lands, Land Reform and Resettlement to clar­ify the issue of the correct beneficiary of the land.
Ms Rumbidzai Gasa of Gasa Nyamadzawo and Associates confirmed the position.
“The judge noted that both parties do not have offer letters and that none of them should evict the other.

“It was also noted that the land belongs to Government and the matter was postponed to next Wednesday to allow the sole land acquir­ing authority to file its papers and advise which of the two parties was the rightful ben­eficiary,” said Ms Gasa.
Mr Greyling, who does not hold any offer letter, says after the compulsory acquisition of the farm by Government, he was allowed to remain on the farm pending consideration of his application for an offer letter.

The authorities, he said, in allowing him to continue operating on the farm, took into consideration his co-operation with the Gov­ernment in implementing equitable redistrib­ution of land.

Mr Greyling said he was in peaceful posses­sion of the piece of land until June 10 when Mrs Matotoba, with the assistance of Gover­nor Dinha and Mazowe district administrator Mrs Nyakudya buried Capt Matotoba at the farm.
“The first respondent (Mrs Matotoba) with the assistance of second and third respondents and several friends and relatives violently dispossessed me of my peaceful and hither to undisturbed possession of the farm and pro­ceeded to bury the first respondent’s husband on the farm on Sunday June 10 2012.

“In this matter I beg the court to grant a spoliation order restoring the sta­tus quo ante and exhumation of the body of first respondent’s husband from its grave pending determination of the parties’ competing claims by the court,” he said.

Governor Dinha, in his opposing affidavit, said the Matotoba family had authority to occupy the farm and that the offer letter had already been pre­pared.
“I, as the chairperson of the Provincial Lands Committee, Governor and Resident Minister, proceeded to effect recommendations of the Provincial Lands Committee and lawfully recommended allocation of Ndiri Farm to first respondent (Ms Matotoba) and her late husband.

“The allocation and recommendation was accepted by fifth respondent (Minister of Lands, Land Reform and Resettlement).
“At the time of this application, I am privy to the fact that first respondent has been granted full authority as the beneficiary of Ndiri Farm and an offer letter has been prepared in her name, as heir apparent and designated family member to the estate of the late Eleck Matotoba,” he said.

Governor Dinha said facts on the ground indicated that the Greyling fam­ily vacated the farm in April this year after winding up their operations to give way to the Matotoba family.

Exhumation, according to Governor Dinha, could only be done through an order by the Ministry of Home Affairs.
“There is no factual or legal basis for him to claim spoliation, let alone the exhumation is governed by relevant statutes administered by the Minister of Home Affairs, on proper grounds and basis after certain procedures have been met.

“Applicant is ill-advised to seek this relief,” said Governor Dinha.
He argued that he was not supposed to be cited in his personal capacity in the case because he was acting in his official capacity as Resident Minister and chairperson of the provincial lands committee.