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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