Victoria Falls F1-grade racecourse plans halted by High Court, Zimbabwe

 The lease agreement between Hwange Rural District Council and Stelix Civils, which intended to build the Victoria Falls F1-grade racecourse, for 500 hectares of land was declared null. The decision was made by Bulawayo’s High Court Justice Evangelista Kabasa.

The ruling was made after 100 villagers filed a lawsuit to stop the Victoria Falls F1-grade racecourse development. They claimed it would force them from their ancestral land.

After hearing arguments from lawyers, Justice Kabasa said the manner in which they went about it was unlawful. This is despite Hwange RDC’s plans of developing the public land in question.

The verdict was delivered on September 20 but was not made public until recently.

Why the villagers filed a lawsuit against the development of Victoria Falls F1-grade racecourse

The argument focused on the legality of a decision made by the local authorities on June 11, 2018. The decision granted Stelix a lease for 500 hectares of land. Stelix then fenced the area off.

The villagers of the communities of Chibode, Kachecheti, and Nemananga argued that the Hwange RDC had surpassed its authority. This was by attempting to grant a business lease to Stelix. The move violates Section 10 of the Communal Lands Act. It specifies that only the local government minister can set aside communal land for other developments. The villagers were represented by lawyer Josphat Tshuma of Zimbabwe Lawyers for Human Rights.

The first respondent, local government minister July Moyo, chose to follow the court’s findings and chose not to file any papers.

Why the judge declared the development invalid

The local government minister was not involved in all the procedures that led to the Hwange RDC’s decision granting a lease to Stelix. This was according to Justice Kabasa’s ruling. Similarly, the Minister, not Hwange RDC, is to undertake the procedures outlined in Section 10.

According to the Administrative Justice Act, the judge said that it was unnecessary to address additional concerns raised by the villagers on the lack of consultation and the unreasonableness of Hwange RDC’s actions. She said that the conduct itself was unlawful and permeated throughout the entire process. She also claimed that it was irrational.

The judge stated she found no reason to impose punishing costs against the local authorities. She also credited the Hwange RDC for being driven by a desire to develop the region.

The judge finally ruled that the leasing agreement between Hwange RDC and Stelix for the purpose of constructing a racecourse was invalid. Additionally, all actions and conduct undertaken by Hwange RDC following the issuing of the lease agreement to Stelix were declared invalid.

The villagers’ demand that Stelix takes down its fence within 48 hours of the ruling was dismissed by the judge in their proposed draft order.

Source: Victoria Falls F1-grade racecourse plans halted by High Court, Zimbabwe (15/10/22)

Why a Formula One racetrack in Zimbabwe is a pipe dream

A Formula One racetrack in Zimbabwe was set to be constructed next to a transnational wildlife sanctuary.

Villagers challenged the construction because it was on their ancestral and grazing land.

Tour operators say the racetrack would have affirmed Zimbabwe's position as a tourism destination in Africa.

It was all a dream for Zimbabwe to have a Formula One racetrack.

A dream sold by politicians who argued it could be a major tourist attraction, especially if it was built near the country's prime tourism destination, Victoria Falls.

The racetrack was set to be constructed between Victoria Falls and Hwange National Park, two areas which are in the Zimbabwe section of the Kavango-Zambezi Transfrontier Conservation Area (KAZA) that cuts across Zambia, Botswana, Namibia, and Angola.

KAZA is home to almost half of Africa's elephants, as well as an array of other animals such as African wild dogs, hippos, rhinos, lions, buffalo, zebras, crocodiles, and cheetahs.

In July last year, the designs for what was to be called the Zambezi River International Circuit were made public.

They were later submitted to the F d ration Internationale de l'Automobile, the governing body for many auto racing events, including Formula One.

An architect close to the project told News24 the site of the project was 30km east of Victoria Falls along the Batoka Gorge on the Zambezi River, on the border between Zambia and Zimbabwe, downstream of Victoria Falls and 120km upstream of the Kariba Reservoir.

The design was led by the Royal Institute of British Architects and Driven International, sports venue architects and designers with a focus on outdoor sports, driving, and motorsport destinations.

Former Formula 1 driver Karun Chandhok, after a virtual drive on the track, said the course "had a great flow to it. Unlike a lot of recently built tracks that have stop-starts, on this one you can put up a lap with a brilliant rhythm and speed to it."

Just building a permanent track costs more than R4.6 billion and the whole circuit and complex like the Yas Marina Circuit in the United Arab Emirates costs more than R17 billion.

Dream deferred

At completion, it would have become Africa's only FIA Grade 1 circuit.

Kyalami in South Africa is a Grade 2 circuit that was recently refurbished by Porsche and returned to the international spotlight by hosting a round of the Intercontinental GT Challenge last year after a 37-year absence.

In September, the High Court in Zimbabwe nullified a lease agreement for the land where the racetrack was to be built.

The ruling was in favour of a hundred villagers from the Chibode, Kachecheti, and Nemananga communities, who argued the racetrack would displace them from their ancestral and grazing land.

There were also concerns about the welfare of wildlife in the areas surrounding the proposed circuit.

A leading tourism expert in Zimbabwe, Clement Mukwasi, told News24 for the project to go ahead, an environmental impact assessment had to be carried out.

"It depends on the mapping of the facility. At all material times when a new tourism facility is introduced in Victoria Falls, a full environmental and social impact assessment is carried out"

He said: The results of that exercise point to the direction in which the operation would go. I am certain that animal welfare would be catered for in that context.

Noise pollution can drive elephants away. As such, a possibility of a dwindling population that would cross into the Botswana side of the KAZA is a reality.

Generally, noise pollution makes it difficult for animals to use sound for navigation, finding food, mating, and avoiding predators, affecting many animals' ability to survive.

With that in mind, Mukwasi said that was a matter which should be addressed:

Noise levels are a function of by-laws and statutes. Certain decibels are accepted in Zimbabwe and those are accepted internationally.

"Consideration has to be had to the decibel level of the sounds that the cars would produce, taking into account that we are close to a world heritage site."

Mukwasi added the racetrack was going to put Zimbabwe back on the map as an international tourist destination.

"Sports tourism is an enabler to the recovery of the industry. The Formula One racetrack could be that jump-start that the tourism industry wants right now.

"It puts the whole country onto the map and may lead to the industry's rapid growth. Sportsmen, spectators, and television rights would contribute a significant amount of money toward the $5 billion tourism industry," he said.

Source: Why a Formula One racetrack in Zimbabwe is a pipe dream (12/10/2022)

Land scam: Vic Falls Mayor Dhlamini arrested

 Victoria Falls Mayor Somveli Dhlamini has been arrested by the Zimbabwe Anti-Corruption Commission on a land-related scam after he fraudulently acquired his residential stand.

In a statement, ZACC said Dhlamini is being charged for fraud, alternatively concealing from a principal a personal interest in a transaction as defined in section 173 of the Criminal Law Codification Act

ZACC said the charges are emanating from a fraudulent purchase of a residential stand in the low-density suburb of Victoria Falls by the mayor.

The law enforcement agency said Dhlamini is in police custody and will appear in court tomorrow.

Source: Land scam: Vic Falls Mayor Dhlamini arrested (06/10/22)