Nephew to late former president Robert Mugabe Mr Robert
Zhuwao has approached the High Court challenging the reversal of his offer
letter for a 232-hectare farm in Zvimba by the Government.
In the matter, Mr Zhuwao cited Lands, Agriculture, Water
and Rural Resettlement Minister Perrance Shiri in his personal capacity as the
respondent.
In his application, Mr Zhuwao is requesting the court to
review and set aside Minister Shiri’s decision to withdraw a land offer letter
issued to him under the Land Reform and Resettlement Programme in 2004.
“On the 9th of December 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, he said. “The offer was made in terms
of the Agricultural Land Resettlement Act (Chapter 20:01). I accepted the offer
and a clear contractual agreement between the Ministry of Lands, Agriculture,
Water, Climate and Rural Settlement and myself.”
On April 26 last year, Mr Zhuwao was issued with a notice
of intention to withdraw the offer letter on allegations that he had abandoned
the plot since 2011.
He responded to the notice, but he never received a
response on the submissions that he had made and on October 16 he received
another letter notifying him of the immediate termination of his contract.
Mr Zhuwao argues that the attributed reasons for
cancellation were fabricated.
“Despite all the challenges of vandalism of electrical
infrastructure and theft, I have been farming to the best of my farm’s
potential in the circumstances,” he said.
“Withdrawing my (offer) letter on the basis of
unsubstantiated and spurious allegations without investigating the veracity of
such allegations is a gross substantive and procedural irregularity. 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.”
Mr Zhuwao further said the letter was bogus and only the
President had the powers to revoke offer letters, hence the need for the court
to deal with the matter.
“The letter does not bear the official stamp of the
ministry to verify its authenticity,” he said. “Further, the letter does not
contain any reasons for the decision. It is simply a cancellation ‘out of the
proverbial blue’. It is my considered opinion that this letter is bogus and in
any event, unenforceable as it is ultra vires the enabling legislation and it
offends the principles of natural justice.
“The respondent has no jurisdiction to withdraw my offer
letter because the enabling Act (Agricultural Land Resettlement Act [Chapter
20:01]) does not grant him the powers to do so. It is only the President who
can cancel or withdraw offer letters, not the minister.”
The matter is yet to be heard. Herald
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