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In a recent ruling by the High Court in Masvingo, it was determined that a married spouse without title deeds does not have the authority to evict their spouse’s lover from the matrimonial home.
Justices Garainesu Mawadze and Sunsley Zisengwe granted the appeal, with Justice Zisengwe delivering the judgment. He stated that a spouse without legal ownership can only seek damages and lacks the legal standing to evict their spouse’s lover. Justice Zisengwe expressed dissatisfaction with the current law, as it undermines women’s rights and contradicts the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), which Zimbabwe has ratified. Zisengwe said:
<blockquote>
I find the proposition that a husband is at liberty to bring live-in girlfriends into the matrimonial home with impunity is inimical to the principle of equality between the sexes and appears to be providing a right carte-blanche to men to bring into the matrimonial home live-in mistresses.
Not only does that offend the express provisions of the Constitution as aforesaid, but also runs contrary to the ideal spouse in the CEDAW which Zimbabwe has ratified. A married woman should not be placed in the invidious and inequitable position where she is compelled to choose between continuing with the marriage and endure this kind of severe emotional abuse or simply get a divorce.
Alongside a claim for adultery damages against a paramour and an action for divorce against the husband, a married woman should also have recourse by way of eviction against a woman who literally hops into the matrimonial bed with her husband. Regrettably respondent’s claim for an order interdicting the 1st appellant from continuing with her adulterous relationship with the 2nd appellant somehow fell by the wayside and ultimately was not an issue for determination in this appeal.
</blockquote>
He emphasized that women in monogamous marriages should have the right to initiate eviction proceedings against their spouse’s lovers to protect the sanctity of their marriages.
<h3>Some context:</h3>
In 2021, Jane Musindo (42) was granted an appeal after being evicted from the Kereke homestead by Mbuya Leocadia Kereke nee Muroiwa (74). Leocadia and her boyfriend, Sekuru Augustine Tongai Kereke (83), were the appellants in the appeal. Sekuru Kereke claimed that Musindo is his second wife and cares for him more than his wife of 56 years. The ruling confirmed their open adulterous relationship, with Justice Zisengwe referring to Leocadia as Sekuru Kereke’s mistress. The High Court ruled that Mbuya Kereke does not own the homestead, so she lacks the legal authority to evict Leocadia, despite their marriage under the Marriage Act [Chapter 5:11] in 1966. Mbuya Kereke can only seek damages.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

High Court Rules That A Married Spouse Without Title Deeds Can't Evict Their Spouse's Lover

Citizens Coalition for Change (CCC) leader, <a class="MarkdownLink_linkifiedLink__KxC9G">Nelson Chamisa, has</a> reassured resettled farmers that his party would not take land from them. Instead, if he wins the August 23 election, he plans to give them title deeds. The announcement comes amidst allegations that the party intends to take back land and give it to former white farmers.
Speaking during the CCC’s 2023 campaign launch in Gweru on Sunday, Chamisa emphasised that those who were removed from their farms must be given back their land. He refuted claims that the party intends to take land from resettled farmers, saying that they plan to give <a class="MarkdownLink_linkifiedLink__KxC9G">title deeds</a> to the farmers instead of the <a class="MarkdownLink_linkifiedLink__KxC9G">ZANU PF</a> party cards they were given.
Chamisa stressed that resettled farmers should not be removed from their land and should have rights, unlike the situation in Chilonga, Dinde, and Mutoko where resources, including land, are being given to outsiders. He said:
<blockquote>
Hatisi kuuya kuzopatsanura nyika. Vamwe vanoti akauya vakagara kuminda muri kutorerwa minda, Kwete! musanyeberwa. Mukomana paanopinda ari kuuya kuzokupa Title Deed kuti pawakagara pasava neTile deed yeCard remusangano. Unofanira kuti pawakagara usabviswa, pawakagara unofanira kuva nekodzero kwete zviri kuitwa kunana Chilonga, kwete zviri kuitwa kunana Dinde, kwete zviri kuitwa kwaMutoko kuti resource yamakapiwa naMwari inotorwa nevekunze imi hamuna chamunowana… We want to correct that. Resources for everyone, land for everyone. Vanhu vawane maOpportunity neDignity munyika mavo… Nyaya yeLand is an important point. Wese akabviswa paLand anofanira kudzorerwa, totangira ipapo.
translation:
[Our intention is not to divide the nation. There have been claims that I will seize land from resettled farmers if elected, but this is an unfounded allegation. The Youngman will give <a class="MarkdownLink_linkifiedLink__KxC9G">title deeds</a> to those who were previously issued with ZANU PF party membership cards. It is imperative that individuals are not evicted from their land and that their rights are protected, especially in light of recent events in Chilonga, Dinde, and Mutoko where resources, including land, have been granted to non-residents. Our objective is to address this issue by ensuring that resources, including land, are accessible to all citizens. We aim to provide every individual with <a class="MarkdownLink_linkifiedLink__KxC9G">equal opportunities</a> and dignity within their country. The issue of land is of great importance, and we believe that the reinstatement of those who were previously displaced from their land is the first step towards achieving this goal.]
</blockquote>
Watch the video below for more.
<div class="wp-video" style="width: 640px;">
<video class="wp-video-shortcode" controls="controls" height="357" id="video-260706-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2023/07/CHAMISA-LAND-REFORM.mp4?_=1" type="video/mp4"/><a href="https://news.pindula.co.zw/wp-content/uploads/2023/07/CHAMISA-LAND-REFORM.mp4">https://news.pindula.co.zw/wp-content/uploads/2023/07/CHAMISA-LAND-REFORM.mp4</a></video></div>
Last year, the <a class="MarkdownLink_linkifiedLink__KxC9G">High Court</a> granted President Emmerson Mnangagwa the authority to relocate approximately 12,000 villagers in the Chilonga region to facilitate the establishment of a lucerne project by Dendairy, a Zimbabwean dairy firm. Livison Chikutu, a village head under Chief Chilonga, was taken into custody for inciting violence at the chief’s residence in April of last year after instigating villagers to demonstrate against the eviction. He was subsequently acquitted by a Chiredzi magistrate. During a visit by Vice President Constantino Chiwenga in 2020, the villagers even staged a protest. Shangaan locals have vowed to resist any form of government intimidation or interference and remain steadfast in their decision not to relocate from their ancestral lands.
<h3>The land issue in Zimbabwe</h3>
Land has been a significant issue in <a class="MarkdownLink_linkifiedLink__KxC9G">Zimbabwean politics</a> for many years. The country’s <a class="MarkdownLink_linkifiedLink__KxC9G">colonial history</a> saw most of the productive land taken away from black people and given to white settlers. This led to a long-standing struggle for land ownership and redistribution, which became a central issue in <a class="MarkdownLink_linkifiedLink__KxC9G">Zimbabwe</a>‘s fight for independence.
After independence, the government implemented a <a class="MarkdownLink_linkifiedLink__KxC9G">land reform policy</a> to address the imbalance, but it failed. In 2000, the fast-track <a class="MarkdownLink_linkifiedLink__KxC9G">land reform program</a> was implemented, which forcibly evicted white farmers and redistributed land to black Zimbabweans. The program has been controversial, with critics arguing that it was implemented without <a class="MarkdownLink_linkifiedLink__KxC9G">due process</a> and resulted in economic instability. Supporters argue that it was necessary to address historical injustices and promote economic empowerment.
The issue of land ownership and redistribution remains a key issue in Zimbabwean politics, with different political parties using it to gain support among different constituencies.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

What Chamisa Said About Title Deeds, Giving Back Land To Former Owners

ZANU PF is offering title deeds to around 1.3 million people before this year’s elections, a move the ruling party says is aimed at shutting down land barons.
President Emmerson Mnangagwa recently issued 265 deeds of grant to Epworth residents. ZANU PF spokesperson Christopher Mutsvangwa told NewsDay yesterday that they had identified the owners of the properties. He said:
<blockquote>
We now have a system that creates title deeds. We are targeting to issue a prospective 1,3 million title deeds before elections. The houses have been built by developers and owners of the properties and they have been physically identified.
What is only left with is the regulatory framework which is the most painstaking process because we can’t make a mistake with a title deed because it is a document which can be passed from a generation to a generation and people can now apply for loans at the banks because of the title deeds.
Issuing the title deeds to the Zimbabweans is a blow to the land barons because they are the ones who were causing confusion in the parcelling of land and causing evictions.
</blockquote>
Political analyst Rejoice Ngwenya expressed skepticism about Zanu PF fulfilling their promise, saying that similar promises have been made before elections in the past. He added:
<blockquote>
However, as long as the surveying, boundaries are done and properties don’t violate environmental and other development laws, it can be done if they are genuine.
</blockquote>
ZANU PF has been accused of making empty promises towards elections.
In Zimbabwe, the issue of land barons is a significant concern, particularly in the lead-up to elections. Land barons are often connected to powerful political figures, and their activities have been linked to corruption and the abuse of power. 
<h2><a href="https://www.pindula.co.zw/">More Pindula News</a></h2>

We're Targeting To Issue 1.3 Million Title Deeds Before Elections - ZANU PF

A Harare man was on Saturday whisked away by state security agents after he tried to confront President Emmerson Mnangagwa in Epworth.
According to <a href="https://www.newsday.co.zw/thestandard/news/article/200010574/harare-man-breaches-ed-security">The Standard</a>, the incident occurred as Mnangagwa was delivering a speech at the launch of the Presidential Title Deeds and Settlement Regularisation Programme in the dormitory settlement.
As the President was delivering his speech, a young man raced to the stage to confront Mnangagwa but was stopped by State security agents a few metres away.
He was then taken behind a VVIP tent where he was beaten up.
At the event, Mnangagwa handed over 265 title deeds to residents and promised them that more were coming. He said:
<blockquote>
The regularisation of this settlement is a mammoth development project which must be collective in nature.
Every individual and household effort, skills and contribution counts. Nyika inovakwa nevene vayo/Ilizwe lakhiwa ngabanikazi balo’.
Let us remain focused, united and determined to see the success of this project.
We must transform Epworth and other human settlements while ensuring that benefiting households enjoy the real value of their properties and environments.
</blockquote>
The Government says the 11 200 title deeds that are ready for Epworth residents are part of the targeted 38 000 for the sprawling suburb.
Thousands of ZANU PF supporters were bussed to the venue from various parts of Harare to attend the event.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare Man Breaches Mnangagwa Security At Epworth Event

President Emmerson Mnangagwa has said all households in Epworth, Harare will eventually get title deeds for their properties.
Title deeds are legal documents that demonstrate ownership or title to a particular piece of property.
They are important for establishing a clear title to the property and can be used as evidence in disputes over ownership or boundaries.
The <a href="https://www.sundaynews.co.zw/all-households-to-get-title-deeds-president/">Sunday News</a> reported that on Saturday, 22 April, more than 265 title deeds were handed over to property owners in Epworth, with 11 000 more already processed.
The title deeds were handed over to residents by Mnangagwa at the launch of the Presidential Title Deeds and Settlement Regularisation Programme at Epworth High School.
Speaking at the event, Mnangagwa said the documents will provide security tenure for beneficiaries and protect them from land barons. He said:
<blockquote>
The programme is one of the many responsive interventions by the Second Republic to improve the quality of life and livelihoods of our citizens.
The title deeds being issued today are an important empowerment tool and a legal document that gives beneficiaries several rights, which include ownership and security of tenure, and disposal and transfer of ownership from one person to another.
The title deeds also outline the land boundaries of the property and other related conditions.
I, therefore, call upon all the families being issued with title deeds to keep the documents in a safe and secure place.
The process of producing title deeds is very thorough and involves various ministries, agencies and departments working together under the Whole-of-Government approach.
This guarantees the security of the final title deeds and protects against counterfeit or fake documents.
The days when people would lose their hard-earned savings to unscrupulous merchants and land barons who sell land without any documentation are now behind us.
</blockquote>
Mnangagwa said the programme was going to be rolled out in all the country’s 10 provinces. He said:
<blockquote>
Following today’s historic milestone, the Presidential Title Deeds and Settlement Regularisation Programme is set to be rolled out to other provinces.
This event demonstrates that we have the political will and technical skills to deliver while sufficient resources are and available to support this exercise.
No one and no place or suburb or township will be left behind. Together, let us continue to build smart, sustainable and orderly human settlements.
</blockquote>
He said a master plan which outlines the location of schools, clinics, hospitals, commercial and industrial sites has been developed for regularisation of suburb.
The President said the second phase will involve servicing of land, construction of roads, improvement of electricity and bulk water supply infrastructure, as well as modern sewer and waste management facilities.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

All Epworth Households To Get Title Deeds - Mnangagwa

President Emmerson Mnangagwa was on Saturday expected to personally hand over title deeds to 350 Epworth households during the launch of the title deeds and settlement regularisation programme.
In an interview with <a href="https://www.herald.co.zw/title-deeds-roll-out-brings-joy-to-epworth/">The Herald</a> on Friday, Epworth Member of Parliament (MP), Zalerah Makari, said an inter-ministerial task force is heading the programme. She said:
<blockquote>
The President is true to his word and I am glad that he will deliver the main thing we requested from him during our campaign.
Shelter is a necessity so the people are excited and personally, I am humbled that the President would remember a forgotten dormitory township like Epworth.
He (President Mnangagwa) will be issuing title deeds to about 350 families tomorrow (today).
It is an ongoing programme as people qualify and regularisation takes place, people will be going to sign for these title deeds.
The mood is electric, and people are excited, the naysayers said this would not happen, it is a political gimmick but were are now getting title deeds in Epworth which is a great milestone.
</blockquote>
Some of the Epworth residents expected to receive title deeds today are Phillip Mbai Mbai, Maria Tom and Olivia Takavarasha.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

350 Epworth Families Set To Receive Title Deeds

President Emmerson Mnangagwa will on Saturday, 22 April, personally issue title deeds to Epworth residents as he launches the title deeds and settlement regularisation programme.
This was said by ZANU PF chairman for Harare Province Godwills Masimirembwa.
He was speaking to <a href="https://www.herald.co.zw/epworth-residents-to-get-title-deeds-this-saturday/">The Herald</a> on Wednesday after a Provincial Coordinating Committee (PCC) meeting. Said Masimirembwa:
<blockquote>
This was a very important PCC. President Mnangagwa is on Saturday launching the title deeds and regularisation programme in Harare Metropolitan Province.
So on Saturday at Epworth Secondary School the President will launch this programme where title deeds are going to be issued to families in Epworth as a starting point.
It is a continuing programme not everyone will get title deeds but the President will launch by actually handing over title deeds to a number of families in Epworth.
At a technical level the Ministry of Justice, Legal and Parliamentary Affairs is handling this programme belongs to them. Title deeds are issued under the deeds office which falls under the Ministry.
We as the beneficiaries and recipients of the President’s good works are mobilising the people of Harare to attend this momentous and historic occasion in huge numbers.
</blockquote>
Title deeds are legal documents that demonstrate ownership or title to a particular piece of property.
They are important for establishing a clear title to the property and can be used as evidence in disputes over ownership or boundaries.
Epworth is a largely informal settlement situated to the southeast of Harare where thousands of families have no title deeds to their properties.
For years, Epworth residents have fallen victim to land barons. Residents also face a number of challenges including inadequate access to water and sanitation, poor road infrastructure, and limited economic opportunities.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ED To Hand Over Tittle Deeds To Epworth Families - Masimirembwa

Harare East MP, Tendai Biti (CCC), has said the government must give war veterans title deeds of farms they acquired during the Land Reform Programme, reported <a href="https://www.newzimbabwe.com/whites-commercial-interests-dominating-zimbabwe-says-biti-urges-govt-to-give-war-vets-farms-title-deeds/">NewZimbabwe.com</a>.
Biti said the majority of war veterans are wallowing in poverty and have nothing to show for their contribution to the country’s liberation.
Debating in the National Assembly on Thursday, Biti argued that the ex-combatants should not be given offer letters which have no security. He said:
<blockquote>
The first thing we need to do is to give title deeds to war veterans of the farms that they acquired. You cannot make them subject to the offer letter.
The greatest service we can do to war veterans, number one is to give them title deeds to the farms that they benefitted from as a result of the Land Reform Programme.
The offer letter is non-securitised and in breach of Chapter 16 of the Constitution. The offer letter, just like their constituencies, can go just like the wind – bhururu bhururu, yabhururuka seshiri.
</blockquote>
When Biti said war veterans’ “constituencies, can go just like the wind”, he was referring to Buhera South MP Joseph Chinotimba who led the farm invasions in 2000 and recently lost his constituency in the ZANU PF primaries. He added:
<blockquote>
Let us give them security of tenure kuti chanoti chandakarwirawo ndechichi. Chandinosiirawo vazukuru vangu ndechichi, that land and if we say the basis of the Land Reform Programme was the land, then the basis of the reward of the war veteran must be the land.
That should be the starting point. Why are we afraid to give war collaborators the land? Let us give them title deeds.
Land was the basis of the liberation struggle and hence ownership of it is deemed to have the potential of socially and economically empower veterans and their dependents.
</blockquote>
Around the year 2000, Zimbabwe embarked on a fast-track land reform programme which was largely violent in nature.
Vast tracks of land were seized from white farmers and parcelled among landless black families.
However, the chaotic nature of the programme has been blamed for Zimbabwe’s economic challenges as production on farms collapsed and western countries imposed sanctions on the country.
More: <a href="https://www.newsday.co.zw/local-news/article/200009522/ed-demands-re-run-in-violence-hotspots">Pindula News</a>

Biti Challenges Govt To Give War Veterans Title Deeds For Farms

Residents of Epworth and Eastview, among other informal settlements, should not expect to get title deeds anytime soon after a Cabinet minister said the regularisation of such settlements takes time.
In February, President Emmerson Mnangagwa promised to issue 80 000 title deeds ahead of the March by-elections, a development that critics said was a campaign gimmick.
Last week, National Housing and Social Amenities Minister Daniel Garwe said that the issuance of title deeds is not an event but a process. He said:
<blockquote>
People are misunderstanding the issuance of title deeds as an event. It’s not an event, it’s a process.
In the context of Zimbabwe, the issuance of title deeds is two-fold: The first one is an area such as this one where the settlement has been properly planned, roads constructed, water, sewer and everything.
The other one is that we are now looking at informal settlements like Epworth, Caledonia (Eastview) in Goromonzi. This land was invaded by land barons.
It was not transferred from the Lands ministry to the Local Government ministry. That process is now taking place.
You can’t just come and give a person a paper without a description of the property.
So, the process gives rise to the creation of the proper description which appears on the title deed.
The regularisation process is part of the title deeds issuance process.
</blockquote>
Kushinga Epworth Residents Trust co-ordinator John Mabwe told NewsDay that the regularisation exercise was mired in corruption.
Epworth Residents Development Association secretary Peter Nyapetwa said the ruling ZANU PF party was using the issues of title deeds to gain political mileage ahead of the 2023 general elections. | <a href="https://www.newsday.co.zw/local-news/article/200005001/government-backtracks-on-title-deeds">NewsDay</a>

Issuance Of Title Deeds Takes Time, Says Housing Minister

Justice, Legal and Parliamentary Affairs Minister <a href="https://www.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi</a> has said the process of issuing title deeds to Epworth residents is proving to be complex hence the delays. 
He told Parliament on Wednesday during the question and answer session:
<blockquote>
We thought it was easy to issue title deeds but there are some issues that need due diligence so that we do not give title deeds to people who are not deserving.
We have a committee which is moving around. At the moment we have identified 6000 households in Epworth.
</blockquote>
He added that the verification and review process was cumbersome but the government was doing its best, according to <a href="https://www.newzimbabwe.com/zanu-pf-exposed-as-government-backtracks-on-title-deeds/">NewZimbabwe.com</a>.
He was responding to a question from Citizens Coalition for Change (CCC) Mufakose MP <a href="https://www.pindula.co.zw/Susan_Matsunga">Susan Matsunga</a> who had asked why owners of mostly old suburbs such as Mufakose, Highfield, Glen View, Tafara and Mabvuku had no title deeds for their occupied houses yet council continued to demand payments for the properties which were built in the 1960s.
Ziyambi blamed the City of Harare for the failure of procedures leading to the government resolving to plan a new programme to be considered in every urban location.
He said the government would fund the processing of title deeds, such as surveys and plans and the verification process of the identities of the title deed holders.
Chegutu West MP <a href="https://www.pindula.co.zw/Dexter_Nduna">Dexter Nduna</a> urged the government to fast-track the processes alleging councillors and council officials were busy taking over houses from those that would have passed on. 
In the run-up to the 26 March by-elections, President Emmerson Mnangagwa promised Title Deeds to Epworth residents, a move that was viewed as vote-buying by critics.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Minister Ziyambi Speaks On Delays In Issuance Of Title Deeds To Residents

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