Online Reporter
Malven Mugadzikwa
An Environmental Impact Assessment (EIA) certificate issued by the Environmental Management Agency (EMA) has reignited a long-standing ownership wrangle between two land development companies, each claiming development rights over Swallowfield Estates in Norton.
Drowack Investment (Pvt) Ltd, trading as Capevalley Properties and Swallowfield Investments (Pvt) Ltd have for years been locked in legal battles in both lower and upper courts over the housing development project.
On April 1, 2025, EMA issued an EIA certificate to Capevalley Properties, which saw the company announcing that it was now starting development work at Swallowfield.
The certificate is valid for two years.
Capevalley has since pointed to a February 26, 2025 High Court ruling that dismissed consolidated cases HCH 7555/22 and HCH 7709/22.
These cases were brought by Drowack to challenge the validity of the development agreement.
The ruling, according to Capevalley, cleared the path for them to proceed with development.
Capevalley managing director, Ms. Primrose Chakuchichi, said:
“The background is, we did development work at Swallowfield as Capevalley and Drowack, putting over 4 million in that project. Then, on the 14th of October 2023, we had a launch of the project so that stand owners could start to build.
“Then, on the 21st of October 2023, one of the landowners, having been influenced by another brother who is not even on the title deed, cancelled the development after we had done the job.
“We then said you cannot cancel the contract without giving back our money, honour us for what we have done.”
The company also announced on its website:
“Court cases HCH 7555/22 and HCH 7709/22, which were consolidated, have been dismissed by a High Court Order on the 26 of February 2025. This means that the development agreement is valid and binding.”
However, Swallowfield Investments disputes the validity of the EIA certificate and maintains that development rights are still to be determined by the courts.
They cite a pending High Court matter (HH2222/25) and allege that EMA erred in issuing the certificate while the case remains unresolved.
Swallowfield also wrote to EMA on October 23, 2024, claiming they had resolved internal disputes through an arbitral award (HCH1692-24) and requested an EIA certificate in their name, a request that was not granted.
Swallowfield representative Mr. Isaac Chiduku stated:
“I don’t know anything about that certificate and we are not in agreement with that. We still have some legal issues in courts. Court processes must start before anything else takes place on the ground.”
He also pointed out that previous legal rulings, including High Court orders (HH214/23 and HH215/23), a Supreme Court decision (SC219/23) and an arbitral award dated November 13, 2023, had barred Capevalley, Drowack and Amos Chiduku from dealing with the property.
In response, EMA Education and Publicity Manager Ms Amkela Sidange clarified the issue and indicated that the EIA certificate cannot be used to determine the ownership of the land in question.
“The Environmental Management Agency (EMA) can confirm that Capevalley has a valid Environmental Impact Assessment (EIA) certificate issued in 2020.
“However, the agency would like to categorically state that issuance of an EIA certificate does not give nor confirm land ownership, neither does it substitute the powers of land authorities of land allocation.
“This certification is purely for environmental and social impact management in project implementation.”
Sidange further explained that the agency followed all necessary steps in the EIA certification of the project in question.
“If ever there are ongoing court cases then the agency will await the outcome to make informed decisions within the confines of the law in as far as the progression of the validity of the EIA certificate.
Ms Sidange further said that according to Section 103 of the Environmental Management Act (CAP 20:27), the EIA developer to whom a certificate has been issued shall not assign, cede or otherwise transfer the certificate to any other person without the prior approval of the Director-General of EMA.
Online Reporter