High court Blocks Minister's "irrational" eviction...

High court Blocks Minister's "irrational" eviction of war veterans for tycoon

Philemon Jambaya

Zim Now Editor

The High Court in Harare has delivered a blow to Lands Minister Anxious Masuka's plan to evict a group of war veterans from Springs Farm in Goromonzi, a move intended to pave the way for millionaire tycoon Billy Rautenbach.

Justice Regis Dembure on Thursday declared Masuka’s decision to withdraw offer letters previously issued to five war veterans for Springs Farm as "irrational." The judge underscored the critical nature of land issues and criticized the minister for failing in his duty by not adequately considering the points raised by the war veterans in defense of their land.

Justice Dembure further noted that the war veterans, who initiated the court challenge, have occupied the farm for a considerable period and had undertaken substantial developments. These efforts, the judge stated, were inexplicably ignored by the minister, with no indication that he had exercised his mind on these crucial facts.

"The minister was supposed to consider representations made by the applicants. The manner in which the decisions were made clearly shows there were no due considerations to what had been raised by the applicants," Justice Dembure ruled. He pointed to a specific instance: "For instance, one applicant has been involved in a joint venture with the government itself and the contract was due to expire. This shows that the minister was irrational and insensitive."

The war veterans had dragged Masuka to court after their offer letters were unilaterally withdrawn, with the land subsequently allocated to Rautenbach, a long-time financier of the ruling Zanu PF party who owns extensive tracts of land across Zimbabwe.

The government, through the lands ministry’s permanent secretary, initially challenged the war veterans' application by filing an opposing affidavit. However, this affidavit was ultimately dismissed by the court. The war veterans, represented by their lawyer Professor Lovemore Madhuku, acting on instructions from Ashiel Mugiya, successfully challenged the permanent secretary’s authority to respond to their court application. They argued that only the minister himself possessed the necessary authority, an argument upheld by the court.

"I wish to point out that the law in relation to authority to act is already settled… There is no evidence before me to show that he (permanent secretary) has authority," the judge stated. "The act of withdrawal of offer letter is by the minister and cannot be delegated. The decision is his and he must justify his action."

Justice Dembure further clarified that the minister's power to delegate extends only to administrative, not statutory, authority. "If a decision-maker has failed to depose an affidavit… it’s inadmissible," he added.

The judge highlighted the severe disruption caused to the veterans' livelihoods by the minister's actions. "He is the one who should have told the court if it was a good intention to withdraw the offer letters and what was his state of mind when he formulated these decisions," Dembure asserted. "In the absence of his affidavit, the opposition is clearly a nullity. There is no proper opposition before the court."

In a final blow, the minister was also ordered to pay the costs of suit, solidifying the court's stance against what it deemed an arbitrary and ill-considered decision.