Govt faces US$20bn property lawsuit

Business Writer

Liberation war veterans who fought under the Zimbabwe People’s Revolutionary Army (ZPRA), a military wing of PF ZAPU during the war against British colonialists in the 70s, have filed a landmark court case demanding US$20 billion in compensation from the Government for properties “seized” when they were declared unlawful in 1982.

In the High Court application (case number 7028/22) filed on Thursday, businessman and co-ordinator of ZPRA Liberation War Ex-Combatants Co-ordinating Committee, Frederick Mutanda, listed dozens of properties, including Nijo Produce, a prime piece of land in Borrowdale, Harare he alleges were seized and never returned. The properties are under 12 companies owned by PF ZAPU, according to Mutanda.

He is citing Chaminuka Estates, an investment vehicle linked to Zanu PF, Broad Haven Construction, reportedly owned by Zimbabwe Ambassador to United Kingdom, Colonel Christian Katsande, Better Brands Construction and Environmental Management Agency (EMA).

Mutanda alleges the respondents are beneficiaries of some of the contested properties.

Mutanda submits that following the collapse of the unity Government in 1982 and the removal of PF ZAPU leader Dr Joshua Nkomo from the Government, the State seized businesses and properties from ZPRA liberation war ex-combatants for alleged “insurrection”, using the Unlawful Organisation Act Chapter 91 on February 16, 1982.

Dr Nkomo, who served as Minister without portfolio in the Government, was dismissed by his coalition partner Prime Minister Robert Mugabe (the late) and also the leader of the ruling Zimbabwe African National Union (ZANU), accused of plotting to remove the Government. ZANU, through its official military wing ZANLA, led the liberation struggle from the north and east while ZPRA led the struggle from the west and southern Rhodesia.

The dismissal of Dr Nkomo and three other members of PF ZAPU party, effectively ended the Government of national unity that was established at the time of independence.

Dr Nkomo became vice president in 1987 after the signing of the Unity Accord, which saw the two liberation movements merging to create a new governing party called ZANU PF.

The 1987 unity accord ended the post-independence disturbances, commonly known as Gukurahundi, which occurred in the Matabeleland and Midlands provinces.

Mutanda alleges that despite a political settlement between the liberation movements, there was no political will to return the properties. This was despite Dr Nkomo and President Mugabe having agreed that where possible, properties can be returned to PF ZAPU, or the Government pay compensation for those, which could not be returned.

Some of the properties and businesses were returned in 1993 and 2004, but Mutanda alleges that none of the ZPRA members are benefiting.

In 1987, Dr Nkomo appointed the ZPRA Liberation War ex-combatants Co-ordinating Committee to negotiate for the return of businesses and properties, outside political processes.

In the case Mutanda says for the first time in 37 years after the seizure of businesses and properties, the committee met President Mnangagwa who pledged the return of the properties.

But on June 26, 2020, the then Minister of Lands, Agriculture, Water and Rural Resettlement, the late Air Chief Marshal Perrance Shiri, transferred eight properties that comprised Nijo to ZANU PF in total disregard to the President’s commitment.

“Government has simply ignored the anger of the living victims and descendants of the deceased victims,” says Mutanda.

“The transfer processes of most the properties and businesses had not been finalised when the companies were declared unlawful in 1982. The property documents were seized and never returned. Certain properties were bestowed on to other individuals. Nijo was transferred to the ruling party and is being bestowed without considering the rightful owners.

“In determining the constitutional rights of the ZPRA liberation war ex-combatants, this Honourable Court ought to recognise that, Government and white farmers agreed to financial compensation of US$3,5 billion on properties seized during the Fast Track Resettlement Programme 20 years ago. Yet, for 40 years the ZPRA liberation war ex-combatants are still waiting for their properties. Therefore, financial compensation for the seized and redeveloped properties of US$20 billion is fair and adequate.

“The amount was adopted using the most limited, conservative method and it would be possible to increase the amount on the assumption of assets, livestock, the extent of development and production at the time in February 1982. Priority is to support survivors and dependents of ZPRA liberation war special forces who contributed all their money but had not completed their education and were forced into civilian life.”

Among the beneficiaries of the properties according to the court application include Vice President, Dr Nkomo, Dumiso Dabengwa, Lookout Masuku, Report Mpoko (all late), former vice president Kembo Mohadi, Commander Defence Forces of Zimbabwe, General Phillip Valerio Sibanda and Commander of the Air Force of Zimbabwe Air Marshall Elson Moyo.

 

Some of the contested properties are:

Nitram (Private) Limited

Hampton Ranch 5244.7284ha, Title deed no. 2417/1980BF

Stand 5 Richmond Township, Tittle deed no. 2931981B

Stand 38 Douglasdale Township, Title deed no 9551981B

Stand 39 Douglasdale Township, Title deed no 9551981B

Beaconsfield, Title deed No. 31651980BF

Lot 110 North Trenance Title Deed No 26171980B

Walmer Ranching (Private) Limited

Baltimore 2569.5541ha Bubi Farm Title Deed Number 2357/1969BF

Railways Pumping Site Victoria Falls 1.4961Mor Title Deed Number 72/1962BF

Triangle 25.1131ha Que Que Farm Title Deed Number 3216/2001BF

Watershed Block 5007.284Mor Gwelo Farm Title Deed No 199/1969BF

Shukwe 1941.832ha Matobo Farm Title Deed No 2799/1980BF

Devondale 2952.11ha Matobo Farm Title Deed No 1234/1973BF

Sambani . . . Matobo Farm

Anele (Private) Limited

Tengam (Private) Limited

Subdivision D of Subdivision A of Sourinijus Title Deed No 225319808F

Lot 1 of Subdivision F of Helenvale Block Title Deed No 266419808F

J and A Investments (Private) Limited

Zimbabwe Agricultural Development Company

Deka Falls Railway Strip 6 Title Deed No 22621980BF Wankie Farm 34.5198 Acre

1. B. and W. (Private) Limited

Lot 50 Sauer’s Township of Dawsons Grant Title Deed No 1321981F

Lot 51 Sauer’s Township of Dawsons Grant Title Deed No 1321981F

Zimbabwe Commercial Investment Company Private Limited

Stand 7354 Highfield Township, Diagram Deed No 4838/1980

Stand 7565 of Stand 7585 Highfield Township, Diagram Deed No 4837/1980

Subdivision Z of Subdivision A and B of Inkubsi of Hopley, Diagram Deed No 4832/1980

Stand 12906 Salisbury Township, Diagram Deed 4835/1980

Stand 502 Ardbennie Township, Diagram Deed 4836/1980

Lot 50 Sauer’s Township of Dawsons Grant Title Deed No 4321981F

Stand 249 Midlands Township 2 of Upper Waterfall Estate Diagram Deed No 4834/1980

Kenilworth 663.8ha Salisbury Diagram Deed No 4833/1980

Carisbrook 729 Mor, Salisbury Diagram Deed No 4833/1980

Zimbabwe Property Commercial Investment Company Private Limited

Stand 8449 Gweru Township Title Deed No 8872014B

Stand No 55 Gweru Title Deed No 30131980B

Subdivision A, portion of Stand 55 Gwelo Township Title Deed No 30131980B

Stand 5662, Salisbury Township, Title Deed No 4830/1980

Stand No 7553 Salisbury Township, Title Deed No 48311980

Stand 299 Lochinvar Township, Diagram Deed No 48121980

Stand 232 Ardbennie, Diagram Deed No 4829/1980

Nijo Produce (Private) Limited

Subdivision A of Marvel of Georgic of Borrowdale Estate Title Deed No 6683/1973

Guildford of Borrowdale Estate, Title Deed No 3417/1968

Lot 1 Guildford, Estate Title Deed No 3388/1978

Lot 2 Guildford, Title Deed No 4351/1975

Lot 3 of Guildford, Title Deed No 6439/1980

Windyridge Estate, Title Deed No 6417/1970

Eureka, Title Deed No 880/1965

Lot 11 of Glen of Glen of Glen Forest of Borrowdale Estate, Title Deed No 1015/1962

Salisbury Motel (Private) Limited

Glaudina A 37.0942ha, Title Deed No 4446/1969

Lot 1 of Glaudina of Subdivision A of Gillingham, Title Deed No 4019/1955

Stand 6637 Salisbury Township Title Deed No 1638/1979

Subdivision F of Marwede of Glaudina of Subdivision A of Gillingham, Deed Diagram No 2903/1952

Lot 1 of Lot 22 of Subdivision A of Tynwald D South of Fontainbleau, Title Deed No 7138/1972

Snake Park Service Station

Subsidiary companies of the above-mentioned organisations

Muda 73 of Muda 47 Salisbury Title Deed No 7854/1972

The Helenvale Block 2671 Morgan

Fox and Bookless (Private) Limited

Magnet House

Kudu Motors

Mbalabala Business complex Supermarket and Butchery

Mbalabala Petrol Station

Mbalabala Motel and lodges

Mguza Business complex, Victoria Falls Road, Bulawayo

Mguza Technical College

Mguza Houses and Staff Complex

Subdivision of Mguza piggery farm and feedlots

Subdivision of Mguza — Dairy Complex

Subdivision of Mguza — Woman Cooperative Scheme

Subdivision of Mguza farm — Cattle feedlots

Subdivision of Mguza — Supermarket and butchery

Subdivision of Mguza — Hardware shop

Several houses in Houghton Park, Harare

Several houses on Amalinda Road in Waterfalls, Harare

Several houses in Highfield, Harare

Adelaide plots on Amalinda Road, Waterfalls