Judgment No. CCZ 10/14 4 Constitutional Application No. SC 226/10 The Provincial Governor and Resident Minister Mashonaland West Chinhoyi Attention: The Hon. F. Chidarikire (MP) Dear Sir FARMING OPERATIONS AT ROMSEY FARM, MAKONDE DISTRICT, MASHONALAND WEST This letter serves to confirm that Mr D. S. Taylor-Freeme was granted lawful authority by the Hon. Vice President Dr J.W. Msika to continue with his farming operations on the above-mentioned farm. You are therefore requested to hold any action to the contrary in abeyance until consultations can be held with the Hon. Vice President who comes back from his vacation leave on 19 February 2009. Your co-operation in the above regard will be greatly appreciated. Yours faithfully R T Madamombe Permanent Secretary to the VP Dr J.W. Msika”. The underlining is mine. Given the contents of the above letters, which were in part addressed to the applicant personally, the applicant’s contention that he is not in occupation of or using the farm is untenable. The two contentions that the applicant is not in occupation of the farm and that he has authority to occupy the farm are mutually exclusive. The matter proceeded to trial and the State led evidence from two State witnesses, namely Mr Gavanga and Mr Chikomba. These witnesses are officials in the Ministry of Lands and Rural Resettlement. They are responsible for the administration and allocation of land in terms of the Act. Their evidence may briefly be summarised as follows –