In a significant ruling on Friday, Karoi magistrate Moreblessing Makati imposed a fine and eviction order on Chenjerai Kangausaru, a ZANU PF legislator representing Hurungwe East. Kangausaru was found guilty of using forged documents to unlawfully occupy Chitonga Farm, measuring 26 hectares, in Hurungwe. The court sentenced him to three months in prison, with the alternative of paying a fine of US$300. Additionally, he has been ordered to vacate the farm by April 30, 2024.
The conviction stems from Kangausaru’s use of fraudulent offer letters to claim ownership of Chitonga Farm, thereby denying Tichafa Tendayi the rightful opportunity to occupy the land. Kangausaru was charged with violating Section 3(1) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28], which pertains to the occupation of gazetted land without proper authorization.
According to the prosecution led by Progress Maponde, Kangausaru illicitly seized Subdivision 1 of Chitonga Farm in Tengwe area back in November 2014. The complainant in the case was the Hurungwe district lands officer, while Tendayi, a 54-year-old resident of Subdivision 1, acted as the informant.
Court documents state, “Tichafa Herbert Vincent Tendayi is one of the beneficiaries and a lawful occupier of sub-division 1 of Chitonga Farm, Tengwe, Hurungwe while one Dube is the second beneficiary,” read court papers.
“Kangausaru in his unlawful occupation of sub-division 1 of Chitonga Farm, Tengwe, Hurungwe within Mashonaland West province does not hold any tenure document.
“The accused person had no legal right to act in the manner he did. The complainant has a valid offer letter that justifies his occupancy of the disputed piece of land.”
During trial, Kangausaru claimed in his defence that he had an offer letter from the Lands ministry signed by former minister, Douglas Mombeshora, in February 2014.
He submitted two offer letters to the Hurungwe district lands committee which were issued by Mombeshora, but bore different signatures.
According to supporting documents from the Lands ministry, Kangausaru had no official documentation that had a paper trail making his case a typical criminal offence of using forgery to occupy gazetted land.
“The ministry records show that you (Mr Tendayi) are still the beneficiary of subdivision 1 of Chitonga measuring 262 hectares in Hurungwe district. Your offer letter of 3 November 2014 was only withdrawn on 12 March 2015 to correct your initial and surname and a replacement offer letter was done on the same day.
“Chenjerai Kangausaru does not have an offer letter for subdivision 1 of Chitonga, according to ministry records,” said one Cephas Magauze, in a letter presented in court.
Magauze is a former director in the Lands ministry.
Kangausaru won the August elections where he beat Citizens Coalition for Change candidate, Blessing Mandava, and has been staying at the disputed farm for close to 10 years.
As the case concludes with the magistrate’s ruling, it serves as an important reminder of the consequences of using forged documents to claim ownership of land. The verdict emphasizes the importance of upholding the law and ensuring fair and lawful distribution of land resources.
