On Tuesday 26th January, Magistate Zuze found the above guilty of contravening the Land act and illegally occupying their properties, and ordered them to vacate their properties by 17h00 the following day, Wednesday 27th January.

Mr.Jahme has vacated his homestead.

Mr.Taffs has vacated his homestead.

The Stilfontein of Umzila homestead is normally occupied by Mr. Z.F.Joubert and his wife, Ceylonia Joubert, directors of the abovementioned company. After leaving court on the 26th, both wanted to vacate their property, but were unable to do so as employees of the alleged beneficiary, Mr.Enock Porusingazi, had locked the gates and refused access to the property. The had stationed themselves at the main entrance to the farmbuildings.

The following morning, Mr & Mrs Joubert, and their son Dawie, (representing the company in court) entered via a back entrance to try and leave with their belongings. While inside, they were subsequently locked in by the youths at the gate – all the entrances/exits were padlocked and chained. In an attempt to leave, dawie forced a lock open with tools, and left with each person in a vehicle, having to avoid various blocks put in the road by the youths in an attempt to damage their vehicles/hamper their exit. They had placed metal objects, large rocks and wire in the way of the departing vehicles. The family was unable to return a second time to collect any further belongings in spite of having been granted until 5 pm that afternoon.

They advised the ZRP who then accompanied them to the farm to attempt to gain access so that they could remove their belongings. The youth refused to allow anyone into the yard and said they had been ordered by their employer to ensure that nothing left the property. The alleged beneficiary then appeared, bringing additional employees to harass the occupants, and said that the Jouberts had been ordered off, and that the alotted time for removal of property was passed.

The Jouberts said that they had been refused access to remove their property. The ZRP returned to town, saying the matter would be pursued in the morning. They were advised that a stay had been granted, but wanted to see the original document which was still en route from Harare.

Access is to date being denied. The youths have since gained access to the main workshop area, with the help of Mr.Poruzingazi, this morning Thursday 28th January. It is unknown what they are doing – it appears that they have removed all the farmguards and have moved their belongigs into the main workshop area.

IN THE INTERIM, A HIGH COURT ORDER NO HC502/10 KUDYA J HAS BEEN GRANTED AT 16H55 YESTERDAY WEDNESDAY 27TH JANUARY. THIS IS A STAY OF EXECUTION OF THE ORDER BY THE MAGISTRATE UNTIL THE FINALISATION OF THE APPEALS TO HIGH COURT, LODGED BY THE APPLICANTS.

This morning, Thursday 28th January, 2010, the magistrate has refused to accept the service of the exparte Urgent Chamber Application.
The other respondent, ZRP Officer incharge, was served the papers and then returned them to the lawyers office. Dispol refused to accept the papers, saying it was addressed to the officer in charge, ZRP.

The officer in charge,(rural) has been asked to assist in the removal of Mr.Porusingazi and this employees, in light of the stay of execution issued by the high court, but he has since advised LEJoubert to speak to DISPOL in this regard as it is not his area of jurisdiction.

No assistance has been rendered to date. Mrs LEJoubert will be reporting to DISPOL after sending this, to attempt to get further assistance.

In a separate matter, a letter was sent to magistrate Zuze of Chipinge yesterday, from the Lawyers Gollop and Blank, regarding his failure to order the police to assist the Jouberts to vacate the property – letter has been attached. He refused to accept this letter, delivered by Dawie Joubert, accompanied by Mr.Trevor Gifford. magistrate Zuze has since reported to the ZRP that dawie and trevor swore at him and took photos in the courthouse. The police have subsequently taken Dawie Joubert into custody, charged with contempt of court. Trevor Gifford has been summoned as well and has proceeded to ZRP, but has not yet arrived there.

This morning, before his arrest, Dawie, Mike and Algae were waiitng outside the lawyers office, for the serving of the papers. We were surrounded by a pickup of youths, singing and circling our vehicles the entire time. They then went to the ZRP and reported that Lorna Joubert and Dawie Joubert had taken photos of them, demanding our cellphones, which were then subsequently inspected by ZRP, who could not find evidence of any photos have been taken. The matter was dropped. The police did not reprimand them for harassing us at all. They returned to the lawyers office, and continued to sing and chant to a husband and wife who had been simply supporting us and had no further interests in the matter. (the youths were led by Mr.Chikwanda, who has in the past harassed Mr.Taffs at Chiriga Estate. While at the police station, Dawie was then arrested for contempt of court.