Resettled farmers seek hunter’s eviction

Court Reporter
June 23, 2009


NEWLY-resettled farmers at Woodlands Farm in Hwange District are seeking the eviction of Mr Theo Bronkhorst, a professional hunter, whom they accuse of illegally using their hunting quota.
In their court application filed at the magistrates’ courts in Victoria Falls, the 109 families who operate as Wood Co-operative want Mr Bronkhorst and his scouts to vacate the farm.
The 109 families were legally settled under the A1 model of the resettlement programme and have been given offer letters.
They state that Mr Bronkhorst is neither employed by them nor is he their manager.
After receiving the summons, Mr Bronkhorst, through his lawyers Paul Connolly Legal Practitioners of Victoria Falls, states that he is a manager of Woodlands employed by the owner, which is a private company known as Words of Advice (Pvt) Ltd.
The company was formed by three resettled farmers, Mr Elias Muzamba, who is a councillor, Mr Josphat Sipulila, a self-imposed village head and Mr Dennis Nkomo.
Mr Bronkhorst, who is the defendant, denies carrying out illegal hunts and that his scouts harass wives and children of the settlers.
He adds that the resettled farmers, who are the plaintiffs, have no authority to request that he be evicted and further denied that he is a nuisance.
In response, the co-operative members state that Mr Bronkhorst has hunted illegally using a quota allocated to them by the Department of National Parks and Wildlife Management Authority and not Words of Advice (Pvt) Limited.
“No other body or organisation is empowered to give such authority to anybody at Woodlands Farm to hunt other than the plaintiff who is the registered owner of the quota or hunting rights at Woodlands Farm,” they wrote.
To fortify their claim, the co-operative members showed this paper a copy of the 2008 offtake quotas for alienated land with the name of the property given as Woodlands Farm and the land owner is given as Woodlands Co-operative 109 families.
It is the members’ claim that there are witnesses who were harassed by Mr Bronkhorst’s scouts outside the area identified for hunting purposes.
“Defendant’s scouts have been seen roaming around carrying firearms or rifles at beer drinking places and at the railway station which intimidates plaintiff’s children and wives. Furthermore, defendant’s scouts are operating on plaintiff’s farm without plaintiff’s consent,” they wrote.
It is their contention that they have a legal right and authority to request the eviction of Mr Bronkhorst and his scouts.

Sounds like they want a piece of the action!
Peter.

Yeeers, but what about the man who bought woodlands back in 1982 and still holds the title deeds....in terms of Zim law he actually owns the quota, not either of the parties involved in the dispute...not that the law actually matters much...

quote:

Originally posted by Ganyana:
Yeeers, but what about the man who bought woodlands back in 1982 and still holds the title deeds....in terms of Zim law he actually owns the quota, not either of the parties involved in the dispute...not that the law actually matters much...

Ganyana

Is that chap Larry the origional owner, we visited him some 10 or so years ago when passing through on our way to Zambia.

Any idea where Larry is now !!

Cheers, Peter

since when does the law matter at all in Zimbabwe???? last time there was any meaningful law in Zim was at least 7-8 years ago.

Bala Bala... Yes Larry Cummingsis the legal owner of said land and quota. I haven't seen him for 3 years. jdollar- Sadly you are right, especially when it comes to a small matter of property rights...

Larry is part of the SADC court case that stated Woodlands was illegally taken. It may not get him anywhere in Zim, but he is able to use that to make legal proceedings against anyone from the US, EU or even Australia. The tricky part does it affect actions before the ruling or after the ruling. Dont have a an answer on that as of yet.

Larry is doing as well as most.

TNJohn

I understand your comment about the US which presumably refers to the Lacey Act, but don't understand the comment about the EU & Australia.

Perhaps you could explain please?

Some Zim farmers have gone after companies in the EU who have taken confiscated crops from Zim. As EU recognizes the SADC there may be a mechanism in place to recoup lost revenue from those that participated in activities on confiscated lands.
While the US does have the Lacey act, which would be undertaken by the government, a court may also recognize a civil suit against an individual or an entity regarding this or any of the other 78 farms listed on the SADC ruling. Action under the Lacey act would make the civil suit much easier.

This whole fiasco of appropriating land from the legal owners (regardless of historic political wrangling) hopefully will be reconigised for what it is, THEFT ..

With the PM now on his worldwide trip seeking MONEY from the West to start the rebuilding process, I predict that there will be (some form of compensation) to those whom have had their land (illegally appropriated by thugs and government people) and which has in the main resulted in Zims current dire situation.

If Morgan is talking about reconcilliation then the donors (will need to ensure) there is a mechanism built in to compensate the farmers and others whom have had businesses appropriated.

I am (reasonably hopeful) but it will take some time to squeese BOB out ... When BOB goes the recovery train will gather speed and we will see some good progress.

Cheers> Peter

Hunter asks for further particulars

Court Reporter
July 1, 2009



THE professional hunter involved in a dispute over hunting rights with newly resettled farmers at Woodlands Farm in Hwange district has requested further particulars from the farmers who are seeking his eviction.
Mr Theo Bronkhorst is now asking for the precise wording of the offer letters that the 109 families allege gives them ownership of Woodlands Resettlement Farm and is requesting a copy of the letter.
The villagers, who operate as Wood Co-operative, are accusing Mr Bronkhorst and his scouts of poaching on their land and want him to vacate the farm.
The 109 families were legally settled under the A1 model of the resettlement programme and have been given offer letters.
They state that Mr Bronkhorst is neither employed by them nor is he their manager.
After receiving the summons, Mr Bronkhorst through his lawyers Paul Connolly Legal Practitioners of Victoria Falls states that he is a manager of Woodlands employed by the owner, which is a private company known as Words of Advice (Pvt) Ltd.
The company was formed by three resettled farmers, Mr Elias Muzamba who is a councillor, Mr Josphat Sipulila who is a controversial village head and Mr Dennis Nkomo who is the "village head's" secretary.
Mr Bronkhorst, who is the defendant, denies carrying out illegal hunts and that his scouts harass the wives and children of the settlers.
He stated that the resettled farmers, who are the plaintiffs, do not have any authority to request that he be evicted and further denied that he is committing any nuisance.
Mr Bronkhorst further requests proof of the authority given by the individual or the householder that the plaintiff represents in the court application.
The co-operative members state that Mr Bronkhorst, who is a professional hunter, has hunted illegally using a quota allocated to them by the department of National Parks and Wildlife Management Authority and not Words of Advice Private Limited.
To fortify their claim, the co-operative members showed this paper a copy of the 2008 off-take quotas for alienated land with the name of the property given as Woodlands Farm and the land owner is given as Woodlands Co-operative 109 families.
It is their contention that they have a legal right and authority to request the eviction of Mr Bronkhorst and his scouts.

is not this the same as the A2 story in West Nicholsan?