President Emmerson Mnangagwa’s government has withdrawn an
offer letter for farmland extended to the late former President Robert Mugabe’s
nephew, Robert Zhuwao, claiming it was not being utilised.
Zhuwao has approached the High Court to challenge the
decision by Lands and Agriculture minister Perrance Shiri to seize his
232-hectare farm in Zvimba.
In his founding affidavit, Zhuwao said he was offered the
land under the land reform and resettlement programme back in 2004, but the
government seized it on the basis of a “false allegation” in April last year.
“On December 9, 2004, I was offered subdivision 1 of
Cockington in Zvimba district in the province of Mashonaland West which is
approximately 232.81 hectares in extent,” Zhuwao said.
“I fully complied with the requirements which came with the
offer letter. I am, therefore, not in breach of any of the terms and conditions
attached to the offer. Since I was allocated the plot, I have been farming
tobacco, cereal crops, sunflower and poultry.”
However, Zhuwao said sometime in April last year, he was
issued with a notice of intention to withdraw the offer letter by the Lands
ministry on the allegation that he had abandoned the plot since 2011, an
allegation which Zhuwao dismissed as false.
In his court papers, Zhuwao said although he replied the
government’s notice, there was, however, no response to his opposing
application.
He said he was shocked to receive another letter on October
16, 2019 notifying him of the immediate termination of his land offer letter.
“I submit that the respondent does not have jurisdiction to
withdraw my offer letter because the enabling Act (Agricultural Land
Resettlement Act) does not grant him the power to do so. It is only the
President who can cancel or withdraw land offers, not the minister. The enactment
under which the decision has been made does not authorise the minister to take
such action. The decision is, therefore, ultra vires and cannot stand. It
constitutes a gross irregularity in the decision and is subject to review,” he
said.
Zhuwao further said he was also challenging the
authenticity of the ministry’s letter which he said did not bear an official
stamp.
“The letter does not bear an official stamp of the ministry
to verify its authenticity. Further, the letter does not contain any reasons
for the decision,” he said.
The matter is pending. Newsday
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