The lease agreement between Hwange Rural District Council and
Stelix Civils, which intended to build the
The ruling was made after 100 villagers filed a lawsuit to
stop the
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
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.
