Online Reporter
Fidelis Munyoro-Chief Court Reporter
The Supreme Court has overturned the cancellation of a 99-year lease granted to Ignatius Morgen Chiminya Chombo, a beneficiary of the land reform programme, in a high-stakes dispute involving the Minister of Lands, Agriculture, Fisheries, Water, and Rural Resettlement, Dr Anxious Masuka and Chombo’s former wife, Marian.
The ruling by Justice Joseph Musakwa with the concurrence of Justices Chinembiri Bhunu and George Chiweshe, upheld the sanctity of the lease agreement and ruled the cancellation unlawful.
The dispute centred on Subdivision 1 of Allan Grange Farm in Zvimba District, a property measuring 3098 hectares and allocated to Chombo under Zimbabwe’s land reform program in 2006.
In 2018, Chombo entered a tripartite investment agreement with the Government and a private investor, Pepary Investments, for the long-term development of the farm. However, in 2021, the Minister cancelled the lease, citing the need to allocate part of the land to Marian Chombo as part of a property dispute and redistribute portions to other occupants.
Chombo challenged the cancellation in the High Court, arguing that it violated clause 22.1 of the lease agreement, which outlines specific grounds for termination, such as breach or insolvency, none of which applied in his case.
The High Court dismissed his application, ruling that the cancellation was valid under clause 20, a provision that allows the Government to repossess land for public purposes. Dissatisfied, Chombo appealed to the Supreme Court, seeking declaratory relief affirming the lease’s protections.
In his submissions, Chombo’s lawyer, Professor Lovemore Madhuku, argued that the Government had no lawful basis to cancel the lease outside clause 22.1.
He contended that the cancellation undermined the stability and security of long-term leases, which are critical for agricultural investment.
Prof Madhuku further argued that the tripartite agreement with Pepary Investments represented a Government commitment to uninterrupted tenure for at least 20 years, as stipulated in clauses 5.1 and 6.1 of the agreement.
The Minister, represented by Advocate Tapson Dzvetero, maintained that the cancellation was lawful under clause 20, which allows repossession for public purposes.
