Matupula Hunters lose fight over hunting quota

THE High Court has dismissed an urgent chamber application by Matupula Hunters which sought to block Tsholotsho Rural District Council from allocating the annual quota in its concession and issuing hunting permits to another safari company.

The ruling by Bulawayo High Court judge Justice Nokuthula Moyo follows an application by Matupula Hunters, through its lawyer Mr Job Sibanda of Job Sibanda and Associates, seeking a restraining order barring Tsholotsho RDC from entertaining any safari operator at Tsholotsho North concession area.

In papers before the court, Matupula Hunters argued that its five-year agreement with the local authority was recently renewed following its expiry last year in December.

However, Tsholotsho RDC on the other hand denied having renewed the contract. The council argued that the purported renewal was not procedurally done and accused the safari company of bribing local chiefs and an unidentified council officer.

Tsholotsho RDC, which was being represented by Mr Nqobani Sithole of Ncube Attorneys, said the “renewal” of the contract conflicted with provisions of the Public Procurement and Disposal of Public Assets Act.

Justice Moyo ruled that Matupula Hunters failed to establish a prima facie right in its application. She said the purported renewal of the contract was in direct violation of the law.

“It therefore follows that with no prima facie right having been established, applicant thus has nothing to protect at law by virtue of the interdict it sought. Consequently, the applicant has failed to make a case and the application is dismissed with costs,” ruled the judge.

Matupula Hunters last month filed the urgent chamber application at the Bulawayo High Court citing Tsholotsho RDC and Zimbabwe Parks and Wildlife Management Authority (Zimparks), as respondents.

The cause of action arose on January 9 this year after Tsholotsho RDC chief executive officer and council chairman refused to honour the renewal, arguing that it was irregular.

“The purported renewal is unlawful in that it is not in compliance with the law and is also in direct breach of the relevant statute, which provide that such contracts must first go to tender and then be awarded to the winning bidder,” said Mr Sithole.

Mr Sibanda argued that the law was not yet in effect, saying the Act provides that the statute shall only come into effect on the date to be promulgated by the President of the Republic of Zimbabwe through a Statutory Instrument.

The judge noted that the Act has been in operation for over a year and concluded that the dealings between the parties on the renewal of the contract were subject to the law.

In 2017, Matupula Hunters challenged the issuing of hunting permits to Lodzi Hunters to hunt elephants on a land exclusively leased to it by Tsholotsho RDC.

Lodzi Hunters was tasked to hunt elephants in Tsholotsho North to fund the construction of a football stadium.

Lodzi Hunters and Matupula Hunters were both legitimate holders of permits in the Tsholotsho North and South areas respectively and had been locked in a dispute over the hunting rights of elephants in Tsholotsho North.

Matupula Hunters contested the decision by Tsholotsho RDC to give Lodzi Hunters a permit to conduct elephant hunting in the same area in which it has exclusive safari rights for five years.

In 2015, when the need to fund the construction of Tsholotsho Stadium arose, the local authority decided to give Lodzi permission to hunt in the whole of Tsholotsho district, including the area exclusive to Matupula Hunters.

Matupula Hunters engaged the council to settle the matter to no avail, as the local authority, together with Lodzi insisted that they had the right to bring hunters to shoot elephants in Tsholotsho North. — @mashnets