66 villagers in Masvingo province have been acquitted of charges of illegally occupying state land, thanks to the efforts of the Zimbabwe Lawyers for Human Rights (ZLHR).
Arrested in January 2024, the villagers faced prosecution under the Gazetted Land (Consequential Provisions) Act, which criminalizes occupying state land without permission. Prosecutors claimed the villagers had illegally occupied land belonging to Great Zimbabwe University since 2000.
Prosecutors alleged that the villagers had illegally occupied land belonging to Great Zimbabwe University since 2000.
“During trial, prosecutors alleged that the 66 villagers, who include some aged over 70 years, unlawfully held, used or occupied part of Great Zimbabwe University in Masvingo province, which is deemed to be state land.”
However, Magistrate Farai Gwitima ruled in favor of the villagers on Thursday, finding that the prosecution failed to provide a government gazette proving state ownership of the land, an essential element in the case.
“But the 66 villagers were on Thursday found not guilty & acquitted at the close of the prosecution case by Masvingo Provincial Magistrate Farai Gwitima, who ruled that prosecutors had failed to prove the existence of a government gazette entitling government to ownership of the pieces of the land allegedly occupied by the rural dwellers, which is an essential element of the alleged offence,” statement reads.
This, according to the magistrate, was an essential element of the offense and could not be established without a government gazette proving ownership.
The villagers, who were represented by ZLHR lawyer Frank Chirairo, had initially faced charges under the Water Act for settling within a prohibited dam basin.
These charges were later amended to the land occupation offense.
ZLHR welcomed the acquittal, stating that it had successfully ended the persecution of the villagers.
Meanwhile, the government is cracking down on illegal land barons who occupy and sell communal lands without authorization.
