ZANU PF’s Zvimba South legislator and businessman Philip Chiyangwa is challenging the compulsory acquisition of his land in Warren Park, Harare, where the State wants to set up a museum for African liberation.
This is contained in a High Court chamber application where
Chiyangwa is challenging the seizure of the land, which measures about 5,5
hectares.
Chiyangwa, the executive chairman of Kilima Investments,
the company that owns the property, is accusing the government of pulling out
of talks to buy the land, opting instead to grab it and wants the court to
issue an order declaring the attempt null and void, unconstitutional and having
no justification in an “open and democratic society”.
The land in contention is Stand 9297 Warren Park Township
of Warren Park where government is setting up a museum to chronicle Africa’s
liberation.
In August, President Emmerson Mnangagwa invited 16
countries to participate in the construction of the museum during the official
launch of the first phase of the project.
Chiyangwa said the government was trying to avoid paying
for the land by resorting to compulsory acquisition despite making a move to
negotiate payment terms earlier.
“It is apparent to the applicant that the respondent is set
to forcibly proceed and arbitrarily appropriate applicants property. Applicant
contends that the respondent’s conduct is manifestly unconstitutional, wrongful
and prejudicial to the applicant’s rights and interests for the following
reasons,” Chiyangwa said in his founding affidavit filed on November 12 through
his lawyers Mutamangira and Associates.
“The respondents’ conduct is wholly arbitrary,
unconstitutional and has no place for justification in an open and democratic
society.”
Lands and Agriculture minister, Anxious Masuka, who is
cited as the respondent, said in the Government Gazette that he was compulsorily
acquiring the land on behalf of the President.
Ironically, Chiyangwa heads a campaign by Zanu PF to raise
US$140 million for Mnangagwa’s 2023 re-election campaign. He heads a
fundraising committee made up of late Genius “Ginimbi” Kadungure’s ex-wife,
Zodwa Mkandla, Everisto Mudhikwa, Codes Scott Sakupwanya,Tafadzwa Musarara and
Antony Pote.
Chiyangwa said he was given the land by Harare City Council
as restitution for properties the city had grabbed from him. The settlements
were agreed and registered before the High Court in 2015.
In his affidavit, Chiyangwa said the head of the Institute
of African Knowledge secretariat behind the construction of the museum, Kwame
Muzawazi expressed interest in the property.
“The said ambassador Muzawazi advised the applicant’s
managing director Brian Chiyangwa of an intention on the part of the Institute
of African Knowledge to make an offer for the purchase of applicant’s entire
property,” Chiyangwa said.
“Ambassador Muzawazi advised the applicant that the
Institute of African Knowledge is a government department in the Office of the
President and Cabinet with the responsibility of constructing a museum for the
history of African liberation.”
However, nothing came out of the offer, but that did not
stop government from “recently engaging the applicant in negotiations for the
acquisition of the land”.
“The negotiations have not yet been finalised in producing
an agreement, and the parties have agreed on an acceptable offer being tabled
by the government. It is untenable that in an open, free, fair and democratic
society the government now seeks to renege on negotiations and instead now
seeks to emasculate the applicant to part with his property through forcible
means by arbitrary application of the law.”
Chiyangwa said he was served with a notice to compulsorily
acquire the property on November 3, 2021.
“On November 3, 2021, the applicant through its legal
practitioners of record communicated its objection to proposed compulsory
acquisition of the property. The respondent has not made any communication to
the applicant indicating any change of position notwithstanding the details of
objection to compulsory acquisition of the applicants property.”
The businessman planned to construct a world-class shopping
complex at the site, which he says will include supermarkets, fuel service
station, clothing shops and all types of complementary infrastructure.
“To date, the applicant has invested more than US$10
million and the applicant’s complex nears completion and would have been due
for use and access to the public before the end of the year 2021,” he said.
The matter is yet to be heard while Masuka is still to file
opposing papers. Newsday
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