THE High Court of Zimbabwe on Monday granted Zimbabwe Defence Forces Commander General Constantine Chiwenga an order barring his estranged wife, Jocelyn Chiwenga, from claiming Dockson Farm in Goromonzi, Mashonaland East, prompting the army commander to deploy military personnel at the farm.
The officers, from the presidential guard unit, have since Wednesday been preventing Jocelyn from entering the property, claiming to be taking orders from their superiors not to allow anyone including her onto the farm.
The soldiers produced court papers, which they said were the basis of their action, but Jocelyn vowed to continue fighting Chiwenga legally.
A writ of judgement by the Registrar of the High Court, addressed to the Sheriff of Zimbabwe or his lawful deputy, a copy of which the Zimbabwe Independent saw reads:
“Whereas the Commander of Defence Forces General Constantine Guveya Chiwenga…obtained an order in the High Court of Zimbabwe on the 08th of September 2014 against the defendant, Jocelyn Chiwenga, a business woman of Chakoma Estate ordering her and all persons claiming through her to be ejected from and out of Chakoma Estate D of Chakoma Estate C held in terms of a certificate of consolidation title Number 582/2011 dated 09-02-09, situated in the district of Salisbury in Mashonaland East province, also known as Dockson Farm at present occupied by the defendant as it appears on record.
“Now therefore you are required as directed to eject the said defendant and all persons claiming through her goods and possessions from and out of all occupation and possession whatsoever of the said ground and/or premises and to leave the same, to the end that the said plaintiff may peaceably enter into and possess the same, and for so doing this shall be your warrant.”
Sources close to the case said more than 20 army officers were deployed at the farm.
Jocelyn said despite the judgement she would fight on.
“I don’t even know about it but I was just called by my workers saying members of the army were harassing them at my farm saying we should go out,” she said.
“My lawyers said they will appeal. The soldiers told my workers that the real owners of the farm, the General and Marry were coming to their farm. I have suffered enough, I have been quiet since 2010 and I got very thin as if I was sick because of this. He moved out with a girlfriend and I want to sue him and Marry for bigamy.”
Jocelyn added that: “He is now claiming that all I worked for is his. We have a son we adopted and is now refusing to pay maintenance for. No one is above the law. We are going back to court. Courts are not barracks where he can order people around. I had my own business that became broke because of him, because they were put under sanctions.”
She said this was a clear case of abuse of office where “a whole army general” was using an army to fight a woman.
“This is abuse of office. That is why other countries say there is no rule of law in Zimbabwe. I want to show them by fighting legally that there is rule of law in Zimbabwe. I want to sue. Women are not like straws that you use to drink and throw them away just like that.
“Gudo guru peta muswe vadiki vagokutya (a powerful person should be humble). We can’t have men abusing women like that. I have suffered enough in the hands of this man and I want to fight not only for myself but for all the women who have small girls coming in to take everything they have. I am suing Marry for US$40 million for bigamy,” Jocelyn said.
“Now he is claiming even the property I worked for personally. I fought for this farm and you can’t just take it away from me just like that. That’s being cruel and abuse of office,” she said.
Jocelyn said she would pursue the fight to stand against “powerful” people who abuse their office to fight women.
The two were married in 1998 and at the time each party had children from former marriages. Jocelyn tried to access the farm yesterday but was not allowed to interact with her workers.
She was denied permission to take her personal belongings including clothes. The farm has wheat, maize, onions and potatoes.
“You are not welcome here madam,” said one of the two senior officers at the entrance.
“They can shoot me, I don’t care if I die. I survived the war. He feels he is above the law, he comes here with a helicopter to show off. He is supposed to have discipline. Young girls should learn to work hard for their things not to act like what Marry is doing.”