Report by Yeukai Karengezeka
Dispute between Government and the former exiled cabinet Minister Saviour Kasukuwere over his Mazowe farm continues with the latter recently approaching High Court seeking for an interim relief allowing him to remain on the farm until the matter is finalised.
Kasukuwere and Sea Flower Investments, a limited liability company carrying out business in Zimbabwe who are the applicants cited Minister of Lands,Agriculture ,Water and Climate Perrance Shiri as respondent.
Kasukuwere wants a relief forbidding the ministry from interfering with his farming activities and not enforce the withdrawal of his offer letter pending returning date to the court.
“This is an urgent chamber interim, that pending the return date of this matter, the respondent (Ministry of Lands) be interdicted from interfering with my farming operations at remainder of Concorpia Farm in the Mazowe District of Mashonaland Central Province measuring approximately 535.94 hectares.
“I also seek an interim order that pending the returning date shall not enforce the withdrawal of the letter in my favour or do anything to interfere with my farming operation at the farms,” reads the application.
He is demanding that the court determines whether the action of the Ministry to withdraw his offer letter was lawful or not.
The dispute escalated on 22 January 2020, when Shiri wrote to Kasukuwere notifying him of the intention to withdraw an offer letter pertaining to his farm.
Through his legal practitioners Kasukuwere challenged the legality of the action sought to be taken by the ministry on January 27 which was responded to on February 24 advising that Shiri had resolved to withdraw the offer letter.
Since the matter could not be resolved out of court, Kasukuwere under case number HC1701/20 sought for a declaratur and an order interdicting Shiri from withdrawing his offer letter.
The matter is yet to be heard.
However, through a letter dated March 25, 2020 Shiri withdrew his offer letter pending the resolution of the dispute already at the High Court.
The withdrawal letter has since affected him from utilising the farm.
“This matter is urgent in that pending finalisation of the dispute under HC1701/20 the court needs to regulate the relationship between the parties in a manner that ensures that the pending dispute is not rendered nugatory. This is so because the respondent’s act of withdrawing the offer letter effectively renders the dispute nugatory.”
Kasukuwere argues that the letter by Shiri requires that he winds up his operations at the farm and if the matter is not dealt with at this stage he would be forced to wind up his operations including removing infrastructure and farming implements.