Grace Kandema and Two Others v The Commissioner of Police and Six Others

During the land invasions, a group of people invaded Eden Farm in the Beatrice area and met resistance from the lawful owner, including burning of shacks and property. Eventually the farm was gazetted and the owners left. By March 2001, 17 settlers had reached an accommodation with the farm owner G S Theron. More people subsequently moved onto the farm. In July 2003, the District Land Committee authorised allocation of 74 plots on Eden Farm. Only 11 of the original 17 pre-March 2001 occupiers remained on the Ministry of Lands register. In August 2003, the District Land Committee published a list of beneficiaries, and those not allocated land on Eden Farm were to move off and be allocated land elsewhere. The applicants were not on the beneficiaries list and resisted eviction by government authorities. First applicant indecently exposed herself to resist the eviction team, third applicant came to her rescue and resisted police officers, and admitted insulting police officers. They were forcibly removed from the farm.

• Whether the applicants had a prima facie right to an interdict against their eviction from Eden Farm
• Whether the applicants were entitled to protection under the Rural Land Occupiers (Protection from Eviction) Act 13 of 2001
• Whether the respondents' eviction of the applicants without a court order was unlawful
• Whether the applicants satisfied the requirements for an interlocutory interdict

The application was dismissed with costs.

For an interdict to succeed, an applicant must establish at minimum a prima facie right that is being infringed or will be infringed. Without demonstrating protection under the Rural Land Occupiers (Protection from Eviction) Act 13 of 2001 or any other legal right, illegal settlers cannot obtain an interdict against eviction by government authorities lawfully implementing land allocation decisions. An applicant seeking protection under Act 13 of 2001 must prove they were in occupation of the land by the stipulated date with proper corroboration, not mere assertion.

The court made broader observations about the land reform programme, noting a new wave of litigation pitting illegal settlers against legally settled farmers, creating uncertainty in the agricultural sector and preventing newly resettled farmers from committing resources to production. The court noted criticism of police for allegedly siding with invaders/settlers, problems of double allocations leading to farm skirmishes, and stated these problems would not have arisen if the statutory duty of police had been observed. The court expressed the view that it would be unusual for courts to dictate government policy to the executive arm of government, and that those charged with policy implementation should enjoy police assistance for orderly administration. The court emphasized that courts should not hesitate to pronounce where parties' rights lie notwithstanding the morality of the judgment.

This case illustrates the judicial approach to land disputes arising from Zimbabwe's land reform programme. It establishes that illegal settlers who cannot prove they fall within the protection of the Rural Land Occupiers (Protection from Eviction) Act 13 of 2001 have no legal basis to resist eviction by government authorities implementing land allocation decisions. The case affirms that courts will not interfere with executive policy implementation where applicants cannot demonstrate a legal right, and emphasizes the importance of government authorities maintaining law and order during the land reform process, even if it requires use of minimum force.