HARARE – Former cabinet minister Nyasha Chikwinya has asked the High Court to halt moves to seize her farm by the government without notice.
Chikwinya, a former Zanu PF MP who once served as women’s affairs minister, argues in court papers that she was served with a withdrawal letter on February 20 this year.
She cited lands minister Perrance Shiri as the first respondent in the application in which she seeking an order declaring his decision unlawful.
Also cited as respondents are local government minister July Moyo and Mama Mafuyana Housing Cooperative which is claiming ownership of the same farm.
“This application seeks to set aside the decision of first respondent purportedly made on the January 2016 by which he sought to withdraw the offer letter given to me on June 6, 2003, in respect of subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen Forest Farm, Goromonzi District of Mashonaland East Province,” Chikwinya says in her application.
“Relief is sought on the basis that the decision aforementioned is illegal by common law and is at any rate in violation of the Administrative Justice Act.
“It is my contention in this regard that the decision involved is without jurisdiction, irregular, unreasonable, incompetent, biased, malicious and altogether unfair.”
Chikwinya said Shiri purports that her offer letter was withdrawn in 2016, yet she only received the letter at the end of February this year.
She says after getting allocated the farm in 2003, the piece of land was in due course incorporated into the precincts of the city of Harare.
Following this, she argues that she engaged Harare City Council authorities including the local government minister who allegedly approved the change of use to which the land was to be put.
The land was then subdivided into various residential stands.
“During this period, a portion of the land was invaded by Mama Mafuyana Housing Cooperative,” she told the High Court.
The housing cooperative claimed rights to the farm in terms of the Urban Act, but she insists the farm belongs to her.
She also submitted that because of the disturbances by the housing cooperative, it became important for the Lands minister to restate her rights to the piece of land in question and this was done on oath by the permanent secretary, Grace Tsitsi Mutandiro.
It is her argument that the law should protect her because she has contractual entitlement arising from the acceptance of the offer letter.
She argued that the authorities should also have notified her of their intention to withdraw her offer letter.
Chikwinya is the latest of loyalists of ousted former President Robert Mugabe to have their farm seized. Shiri has sent out similar letters to Jonathan Moyo, Saviour Kasukuwere and Patrick Zhuwao, among others.
