Judul : War Veterans Win Legal Battle for Spring Farm Against Billy Rautenbach
link : War Veterans Win Legal Battle for Spring Farm Against Billy Rautenbach
War Veterans Win Legal Battle for Spring Farm Against Billy Rautenbach
In a dramatic turn of events, war veterans from Spring Farm in Goromonzi have emerged victorious in a court case concerning the contentious loss of their land to businessman Billy Rautenbach. This followed the government's cancellation of their offer letters.
Seeking justice, the veterans turned to the High Court after Rautenbach, a business associate of President Emmerson Mnangagwa, assumed control of the land. The courtroom erupted in joy when Judge Regis Dembure of the Harare High Court handed down the ruling on Thursday.
The judge was critical of Lands Minister Anxious Masuka, chastising him for his "irrational and inconsiderate" decision to cancel the veterans' offer letters. Although the ministry had initially challenged the veterans' application, Masuka failed to submit an opposing affidavit, a significant misstep that ultimately led to the case's outcome.
The court heard that the minister had delegated authority to the permanent secretary, a move that Dembure rejected outright. Striking off the permanent secretary's affidavit, the judge declared that the veterans' legal arguments stood unopposed, leading to their victory.
"I wish to point out that the law in relation to authority to act is already settled that where authority has been challenged, it will be necessary to produce evidence," said Judge Dembure.
He emphasised the importance of substantiating claims regarding authority in court.
The judge added, "What is clear is that where the authority of a defendant is put on issue, there will be a need to put evidence of that authority in court." He dismissed the permanent secretary's mere assertion of authority, saying, "There is no evidence before me to show that he has authority."
Dembure further explained, "The act of withdrawal of the offer letter is by the minister and cannot be delegated. The decision is his and he must justify his action."
The judge also said that the minister is expected by law to make decisions independently, stating, "No delegated authority can speak on his behalf."
In his ruling, the judge noted that the minister only has the power to delegate administrative, not statutory, authority.
"If a decision-maker has failed to depose an affidavit..., it's inadmissible."
The judge highlighted that the minister's actions had severely disrupted the veterans' livelihood.
He criticised Masuka for not thoughtfully considering the implications of withdrawing the offer letters.
"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."
Consequently, the opposition was struck out, allowing the case to proceed without challenge.
Critics of the allocation of Spring Farm to Rautenbach's Marimba Residential Properties Limited had raised concerns about potential manipulation and corruption surrounding the land seizure in Mashonaland East Province.
War veterans expressed alarm when it became known that Rautenbach was granted the deed of transfer for the land on June 5, 2025, prior to the court hearing, while indigenous farmers, including the veterans, had their applications still pending in court.
As if to heighten tensions, armed guards were deployed around the farm last week, further complicating matters ahead of the judicial proceedings.
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