The trial of three commercial farmers accused of using fraudulent documents to seize ownership of centre pivots valued at more than US$232,000 from another farming company has commenced, with all three pleading not guilty.
James Glen (58), an employee of Klein Karoo Seed Marketing (Pvt) Ltd, and Bradley John Pybus (43) and David Lindsay Clements (56), both directors of Bigtull Investments, appeared before Harare magistrate Noel Mupeiwa facing fraud charges.
The accused argued that the agreement they had with the complainant contained a clause providing that the pivots would remain their property until the complainant had paid the full purchase price.
They submitted that the pivot sale agreement was tied to the complainant growing and supplying seed to the accused; to that end, the parties entered into two grower agreements for the production of certified hybrid maize.
They also submitted that a meeting was convened on February 27 2020, but the parties failed to agree on the amount outstanding under the pivot agreement.
On February 28, 2020, the complainant, through its legal practitioners, wrote to the accused acknowledging an indebtedness of US$50 181.83, rather than the US$94 875.86 claimed by the accused.
The accused responded through a final letter of demand on March 11, 2020, demanding the full amount. They also submitted that the pivot located at Lionsvale Farm had been the subject of various criminal and civil proceedings between the complainant and the landholders of that farm.
They added that the complainant had ceded or donated the pivot to Lionsvale Farm in a separate High Court civil matter (HCH 7176/21). According to the defence, the civil dispute between the parties proceeded all the way to the Supreme Court, which granted judgment in favour of the complainant in October 2025.
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Pursuant to that judgment, they said, the accused wrote to the complainant directing that it could proceed to take possession of the pivots.
The matter was remanded to September 8 for the continuation of the trial.
The complainant in the matter is Agrilliance (Pvt) Ltd, represented by David Leonard Van Breda (58).
Prosecutors allege that in August 2017, Agrilliance entered into a farming agreement with Klein Karoo Seed Marketing (Pvt) Ltd, facilitated by Glen. Under the agreement, Klein Karoo leased three centre pivots valued at US$232 773.89 to Agrilliance.
In return, the company was required to grow and supply seed maize, sorghum, and soya beans over a four-year period to cover the purchase price of the equipment, as well as repair, insurance, and related costs. The state alleges that after acquiring the pivots under the lease arrangement, Agrilliance entered into joint ventures with several farmers to install and operate the equipment.
According to the prosecution, Agrilliance fully paid for the three pivots in 2018 through an offset arrangement involving the delivery of contracted seed crops to Klein Karoo.
In April 2020, Pybus and Clements allegedly approached the complainant seeking to purchase the three pivots.
The offer was declined, with Agrilliance indicating that it intended to relocate the equipment from the Chegutu area to Middle Sabi in Manicaland.
The state alleges that in October 2020, the three accused acted in connivance to deprive the complainant of ownership of the pivots.
Glen allegedly generated three letters which were distributed to the owners of the farms where the pivots had been installed, claiming that the equipment belonged to Klein Karoo Seed Marketing.
Prosecutors allege that the accused subsequently sent workers to remove the 60-hectare pivot from Fupojena Farm and transport it to Henderson Farm without the knowledge or consent of the complainant.
The other two pivots remain at Bosbury Farm and Lionsvale Farm.
The State alleges that the complainant suffered prejudice amounting to US$232 773.89 and that none of the property has been recovered.
