By Naledi Nyoni
Harare – The High Court has barred lands minister Anxious Masuka from evicting five war veterans from Springs Farm in Goromonzi to pave way for businessman Billy Rautenbach, a known ally of President Emmerson Mnangagwa.
Justice Regis Dembure ruled on Thursday that Masuka’s withdrawal of the veterans’ offer letters was “irrational” and lacked due process.
“The minister was supposed to consider representations made by the applicants. The manner in which the decisions were made clearly shows there were no due considerations to what had been raised by the applicants,” said Justice Dembure.
He said Masuka ignored the fact that the veterans had occupied and developed the land for years.
“For instance, one applicant has been involved in a joint venture with the government itself and the contract was due to expire. This shows that the minister was irrational and insensitive,” the judge added.
The war veterans took legal action after Masuka withdrew their land allocations and reassigned the farm to Rautenbach, a Zanu PF benefactor who owns vast estates nationwide.
The government opposed the application, but the judge dismissed the affidavit filed by the lands ministry’s permanent secretary, ruling that only the minister had the legal authority to respond.
“I wish to point out that the law in relation to authority to act is already settled… There is no evidence before me to show that he (permanent secretary) has authority,” Dembure said.
He emphasised that statutory decisions, such as the withdrawal of offer letters, cannot be delegated.
“If a decision-maker has failed to depose an affidavit… it’s inadmissible,” he said.
The court found that Masuka’s failure to justify his actions had disrupted the veterans’ livelihoods.
“He is the one who should have told the court if it was a good intention to withdraw the offer letters and what was his state of mind when he formulated these decisions,” Dembure said.
“In the absence of his affidavit, the opposition is clearly a nullity. There is no proper opposition before the court.”
Masuka was ordered to pay legal costs.
