Crime and Courts
Minister Masuka Rebuked in Damning High Court Farm Land Judgment
High Court Judge Justice Regis Dembure on Thursday delivered a scathing rebuke to Lands Minister Anxious Masuka, lambasting his attempt to evict several farmers, including war veterans, from Springs Farm in Mashonaland East to allocate the land to business tycoon Billy Rautenbach.
In a sharply worded ruling, Justice Dembure declared Minister Masuka’s decision as illogical and a clear dereliction of duty.
The farmers, represented by prominent Constitutional lawyer Professor Lovemore Madhuku, successfully argued against the Minister’s directive.
“In my view, I agree with the applicants that the Minister clearly did not exercise his mind… and did not duly consider the representations and does not fall in line with the authority as required by Section 3 of the Administrative Justice Act,” Justice Dembure stated.
The Judge further highlighted the long-standing presence and significant investments made by the farmers on the land.
“I would also regard the decision as to the personal circumstances of the applicants that they have been on these farms for a long time, the first applicant I think from 2002.
They have made considerable developments and it is entirely their source of livelihood,” he emphasized, adding that “the Minister ignored those circumstances.”
Justice Dembure continued his strong criticism, asserting that the Minister “did not exercise his mind” in the attempt to displace the farmers.
He condemned the decision-making process, stating, “The manner in which the decisions were made clearly show that there was no due consideration at all to what they had said.”
The court noted the substantial investments made by the applicants, including the construction of various infrastructure and diverse farming operations.
One instance highlighted was an applicant involved in a joint venture set to expire in 2029, which would have been unfairly disrupted.
“It is my belief that the decision made by the Minister falls out of line and is not justifiable in terms of the law.
It is unfair, unreasonable and irrational. Such decision defies logic,” Justice Dembure said. Springs Farm is located just outside Harare, along Shamva Road. It is understood Rautenbach had planned to takeover the farm for housing development.
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Crime and Courts
Butchery Owner and Accomplices Arrested Over Bull Theft in Watsomba
A butchery owner and two accomplices were arrested for allegedly stealing a bull from a 75-year-old woman in Watsomba Business Centre, police have confirmed. Farai Patika (45), Takunda Banda (29), and Dunnmore Kahlari (32) are accused of taking the animal from Jannet Nyamafene’s kraal during the night, prompting a police investigation after the woman reported the theft.
Authorities say the stolen bull was recovered near one of the suspect’s homesteads following an anonymous tip-off. Officers found the black bull tied to a tree about 100 metres from Banda’s homestead, along with several animal bones scattered around the area, suggesting that the site may have been used as a slaughter point. The discovery has linked the suspects to other stock theft cases in the area, where cattle were reportedly deboned.
Police first arrested Banda, a domestic worker, who, during questioning, implicated Patika, the butchery owner. Patika in turn implicated Dunnmore Kahlari. All three remain in police custody as investigations continue. The recovered bull was positively identified by Nyamafene and has been secured by authorities while further inquiries are conducted.
Investigators are looking into whether the trio may be responsible for additional livestock thefts in the surrounding communities, with police warning that anyone found engaging in similar activities will face prosecution.
Crime and Courts
Court Forfeits Mandara Stand and Hilux in NetOne Fraud Case
The High Court has ordered that a residential stand in Mandara and a Toyota Hilux be handed over to the State after ruling that both assets were purchased using funds linked to criminal activity involving a former NetOne employee.
In a judgment delivered by Justice Benjamin Chikowero, the court found that the property and the vehicle were proceeds of crime and formed part of a deliberate attempt to hide the benefits of alleged fraud committed by former NetOne cashier Daniel Kalira.
Kalira, who was listed as the first respondent, is currently facing criminal charges before the Harare Magistrates Court. He is accused of defrauding NetOne of more than ZWL$108 million through the illegal manipulation of airtime vouchers, as well as theft of trust property and money laundering.
The second respondent, Charlotte Chivavarirwa, Kalira’s former partner and the mother of his four-year-old child, was found to be the registered owner of the Toyota Hilux. The court ruled that the vehicle was acquired during the period of the alleged fraud and rejected her claim that it was purchased using proceeds from mining activities.
Justice Chikowero held that the explanations given regarding the vehicle’s funding were not credible, finding that the supposed gold mining joint venture and related documentation were fabricated to mask the true source of the money.
The third respondent, Harriet Kalira, who is Kalira’s maternal grandmother, was listed as holding an undivided share in Stand 913 Mandara Township. The court concluded that she was used as a front to conceal the origin of the funds used to acquire the property.
Dismissing claims that the Mandara stand was bought using money sent from Australia as a gratuity by a former employer, Justice Chikowero said the explanation was riddled with inconsistencies and lacked credibility.
The court found that Daniel Kalira personally negotiated the purchase, paid US$52,000 in cash and dealt directly with the seller, while the person in whose name the property was registered neither viewed the stand nor made any payment.
“The most reasonable conclusion from the evidence is that the true purchaser was the first respondent,” the judge ruled.
However, the court declined to forfeit several luxury vehicles after the State acknowledged that they had been acquired before the alleged criminal activity. A separate forfeiture bid involving a BMW 320d was also struck off the roll after it emerged that the alleged owner had not been properly cited.
Justice Chikowero ordered the Mandara property and the Toyota Hilux to be transferred to the State, directing the Registrar of Deeds and the Registrar of Motor Vehicles to implement the forfeiture. Each party was ordered to cover its own legal costs.
Crime and Courts
Investor Loses Chewore Lodge After Supreme Court Nullifies 25-Year Lease
Veteran investor Terry William Kelly (73) has lost control of Chewore Lodge, a renowned safari destination in Zimbabwe’s Zambezi Valley, after the Supreme Court ruled that a 25-year lease agreement was invalid.
Kelly invested millions of United States dollars into the development and operation of the high-end lodge, which attracts tourists from across the globe.
He managed Chewore Lodge for more than 15 years through his company, Suscaden Investments, operating under two lease agreements and a subsequent settlement issued by the Zimbabwe Parks and Wildlife Management Authority (ZimParks).
During this period, ZimParks accepted rental payments and treated the lease as legally binding, allowing Kelly to continue operating and expanding the lodge.
However, the courts later ruled that the lease was invalid on the grounds that it lacked clear approval from the responsible minister, a legal requirement under Zimbabwean law.
Although the lease document bore the signature of former Environment Minister Oppah Muchinguri-Kashiri, and a former ZimParks official testified that the agreement was received through official government channels, Muchinguri-Kashiri denied signing the document.
With no definitive proof that she personally authorised the lease, the courts ruled against Kelly.
Critics argue that the judgment disregarded the doctrine of legitimate expectation, given that the government allowed Kelly to operate for years while benefiting from his investment and rental payments. Despite this, the Supreme Court dismissed the state’s long-standing acceptance of the lease and placed full liability on the investor.
As a result of the ruling, Kelly now faces eviction from Chewore Lodge without any compensation, effectively losing the millions of dollars he poured into the development of the property. The loss stems from what Kelly maintains was a failure within government administrative processes one entirely beyond his control.
The decision has raised fresh concerns within Zimbabwe’s tourism and investment sectors, with observers warning that it could undermine investor confidence in long-term projects that rely on state-issued leases and approvals.
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