Court blasts Zanu PF land allocations
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Staff Reporter 21 hours 10 minutes ago
HIGH Court judge, Justice Bharat Patel told the Lands Ministry Tuesday to
come up with a “clear, transparent and accountable” land allocation system
as he reversed the Minister’s decision to offer a Seke property to a Zanu PF
legislator
Former deputy minister Phineas Chihota was given Denby Farm in 2005 after
the Lands Ministry reversed an earlier decision to allocate the property to
Transmedia Corporation chief executive Florence Sigudu who challenged the
decision at the courts.
The Ministry claimed that Sigudu had breached the conditions of the offer
letter by allegedly failing to take up residence at the farm but Justice
Patel found in her favour and ordered Chihota off the property.
Justice Patel said the Lands Ministry must come up with a transparent land
allocation system.
“The administration and allocation of land for resettlement purposes,
whatever the modality or form of allocation, should be properly and
effectively regulated, so as to create a land allocation regime that is
clear, transparent and accountable and susceptible to judicial scrutiny,” he
said.
In the hard hitting ruling, Justice Patel said the relevant Act does not
provide for the allocation of land through the popularised “offer letters”.
“The Act does not contemplate the allocation of land for settlement through
offer letters and it does not entitle the minister or any authority to
cancel offer or terminate rights conferred thereunder,” he said.
“The minister’s argument that the offer letter was automatically withdrawn
simply cannot be accepted. The power to withdraw or cancel an offer of land
must be exercised lawfully and procedurally.”
Sigudu was offered part of Denby Farm in June 2002 and insisted she took
occupation of the property and prepared the land, moulded bricks for farm
buildings and purchased equipment for farming activities.
But in 2005 during a meeting chaired by the Lands Minister, a decision was
made to consolidate her property with the farm allocated to Chihota. It was
also agreed at the same meeting that she be evicted from her farm.
The Ministry had claimed that the consolidation procedural and that the
offer to Sigudu was automatically withdrawn because she had failed to comply
with the conditions of the offer letter.