Masvingo Provincial Magistrate Farai Gwitima has acquitted 66 villagers who stood trial for the illegal occupation of state land without authorization.

The accused, who were apprehended on January 22, 2024, by Zimbabwe Republic Police officers, faced charges of occupying gazetted land without lawful authority under section 3(1) of the Gazetted Land (Consequential Provisions) Act.

Prosecutors asserted that the 66 villagers, some of whom were over 70 years old, had unlawfully occupied a portion of Great Zimbabwe University in Masvingo province, designated as state land.

Throughout the trial, the prosecution, led by Deputy Director Charity Mumera from the Ministry of Lands, Agriculture, Water, Fisheries, and Rural Development, alleged that the villagers had been illegally occupying state land since 2000, violating section 3(1) of the Gazetted Land (Consequential Provisions) Act.

However, on February 22, 2024, Magistrate Gwitima found the 66 villagers not guilty and acquitted them at the conclusion of the prosecution’s case.

The magistrate’s ruling contended that the prosecutors had failed to provide evidence establishing the government’s ownership of the land occupied by the villagers, a crucial element of the alleged offense.

The accused, who had been out on bail during the proceedings, were represented by Frank Chirairo from Zimbabwe Lawyers for Human Rights.

Initially charged with settling within a prohibited dam basin under section 56(20) of the Water Act, prosecutors later amended the charges to contravene section 3(1) of the Gazetted Land (Consequential Provisions) Act.

The charges had alleged that the villagers unlawfully occupied the Lake Mutirikwi basin, designated as a prohibited dam basin.