Judgment No. CCZ 10/14 5
Constitutional Application No. SC 226/10
1.
That they knew the applicant as a farmer on the farm, the gazetted land, which
was acquired in terms of s 16B of the Constitution.
2.
That the applicant was running farming operations on the farm before and
after the acquisition of the farm.
3.
That at the expiry of the forty-five day period when the applicant was
required, in terms of s 3 of the Act, to vacate the farm he had crops on the
farm that had yet to be harvested.
They gave him time within which to
complete the harvesting and vacate the farm.
4.
That at the end of the harvest the applicant did not vacate the farm and is
continuing farming operations on the farm to date.
5.
That the farm has since been allocated to another person in terms of an offer
letter but because the applicant is refusing to vacate the farm the new owner in
terms of the offer letter has not been able to take occupation of the farm.
6.
That although the registered owner of the farm is one Merle Taylor-Freeme,
the mother of the applicant, they have always dealt with the applicant in
connection with the farm and that it is the applicant who is carrying out
farming operations on the farm.
The evidence of these witnesses is to a large extent corroborated by the
correspondence attached to the defence outline, referred to above. It is significant to note that