On May 28, police went to James Taylors Cedor Park Farm and arrested him. He is allegedly to be charged under the Gazetted Lands (Consequential Provisions) Act for being in occupation of State Land without a Permit, Offer Letter or Lease. His son Matthew, who was temporarily working in the Figtree district nearby, went to Nyamandhlovu police station to assist his father and was also arrested on arrival.
James Taylor has suffered a stroke and is diabetic. He is by no means well and the police refused to allow anyone to bring him his medication until much later in the evening. The following morning, Advocate Tim Cherry went to Nyamandhlovu in an endeavour to have James and Matthew released. He spoke to the acting Officer-in-Charge Assistant Inspector Monyera who refused to accept any documentation from Advocate Cherry.
Eventually Cherry was obliged to read out to Monyera in front of witnesses a letter from James Taylors medical physician, Doctor Legg, concerning the fragility of James Taylors medical condition and the risks to his life should Monyera continue to keep him in custody. Assistant Inspector Monyera then threw the letter down on his desk.
The senior officer in charge of this totally illegal exercise is Superintendent Ngerazi who looks particularly young to have attained such high rank. He has been sent down from Lupane to oversee the expulsion of the Taylors and others in the Nyamandhlovu and Inyathi districts. Superintendent Ngerazi refused to entertain anything that Advocate Cherry had to say, nor would he take any notice of an imminent High Court ruling which must be given in Taylors favour.
Taylor years ago gave up his Shirville Farm alongside Cedor Park for resettlement. In return the notice under the Land Acquisition Act to acquire Cedor Park was withdrawn by the acquiring authorities. It therefore does not qualify as State Land in terms of Constitutional Amendment 17 which in any event has been struck down as illegal in terms of the rules of the Southern African Development Community Treaty.
Nevertheless, the farm was invaded some months ago by one H Chiguru who proffered an Offer Letter which authorised him to occupy Shirville Farm next door. Offer Letters have no basis in Zimbabwe law but are regarded as valid legal instruments by our police.
This unwarranted invasion by Chiguru resulted in a spoliation application to the High Court and an interim order was granted against Chiguru ordering him to vacate the property which had not been allocated to him.
Initially in terms of the interim order Chiguru vacated the property, but on May 30, Monyera took young Matthew back to Cedor Park and forced him to empty two rooms in the farm homestead so as to assist Chigurus two sons to occupy the property. Even under the supposed legality of the Fast Track Land Reform Programme this is out of bounds.
Superintendent Ngerazi and Assistant Inspector Monyera have been harassing and haranguing the jailed James Taylor and his son demanding to know why they have not vacated his farm as instructed by the police when Chiguru first invaded the wrong property.
In terms of the law they should both have been brought before a magistrate within 48 hours of their arrest.
Post published in: News