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Council, war vet land saga deepens
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The Marondera Municipality has sparked controversy after instructing residents and stand beneficiaries to proceed with construction on Elmswood Farm, even though ownership of the land is the subject of an ongoing High Court case.
At the centre of the dispute is war veteran and businessman John Fadzisayi Jani, who insists he is the rightful owner of the 866-hectare property on the outskirts of Marondera. Jani, who was allocated the land under the land reform programme in 2007, says he intends to transform it into a modern smart city backed by investors.
Legal experts have criticised the municipality's stance, warning it could amount to contempt of court and prejudice judicial proceedings.
In opposing papers filed at the High Court, Marondera Council argues that it, not Jani, has legitimate claim to the land. The municipality insists the farm was compulsorily acquired by the state in 2001 and subsequently handed to the Ministry of Local Government, which in turn transferred it to the local authority.
"The applicant is not the owner of the property in question, more particularly in that the Government of Zimbabwe acquired a farm in Marondera measuring 866 hectares known as Lot 1 Elmswood Farm under Article 277/200 in the Government Gazette," the council said.
Council further argued that Jani's case is flawed because he did not include the Ministries of Lands and Local Government — both of which it claims hold key interests in the property — as respondents.
Jani, however, has dismissed the council's defence, describing it as a ploy to cover up fraudulent land dealings. He claims the document used by Marondera Municipality to justify its ownership is a forged offer letter, purportedly signed by former Local Government Minister Saviour Kasukuwere in 2015, long after Kasukuwere had lost authority to issue such documents.
"No due process was done. The Ministry of Local Government is not responsible for agricultural offer letters and any transfer to urban development must have been done through the Agriculture Ministry," Jani argued in his court application.
He added that his 2007 offer letter from the Ministry of Lands has never been lawfully withdrawn by the President, as is required by law. Court papers also allege that the 2015 letter relied upon by the council bears clear signs of forgery.
Backing Jani's claims, the Ministry of Lands' permanent secretary, Obert Jiri, wrote to him on January 27, 2025, confirming his lawful ownership of the farm. Jiri further stated there had been no valid transfer of Elmswood Farm to the Ministry of Local Government or to Marondera Municipality in line with the Lands Act.
Jani accuses the local authority of blocking his smart city project for personal gain, claiming officials are illegally parcelling out residential stands on the disputed land.
"The council is frustrating my vision while parcelling out land unlawfully. I have investors lined up who are ready to fund the project, but their actions are derailing progress," he said.
The case remains before the High Court, where the outcome will determine whether Marondera Council's stand allocations stand — or whether Jani will proceed with his multi-million-dollar development plan.
At the centre of the dispute is war veteran and businessman John Fadzisayi Jani, who insists he is the rightful owner of the 866-hectare property on the outskirts of Marondera. Jani, who was allocated the land under the land reform programme in 2007, says he intends to transform it into a modern smart city backed by investors.
Legal experts have criticised the municipality's stance, warning it could amount to contempt of court and prejudice judicial proceedings.
In opposing papers filed at the High Court, Marondera Council argues that it, not Jani, has legitimate claim to the land. The municipality insists the farm was compulsorily acquired by the state in 2001 and subsequently handed to the Ministry of Local Government, which in turn transferred it to the local authority.
"The applicant is not the owner of the property in question, more particularly in that the Government of Zimbabwe acquired a farm in Marondera measuring 866 hectares known as Lot 1 Elmswood Farm under Article 277/200 in the Government Gazette," the council said.
Council further argued that Jani's case is flawed because he did not include the Ministries of Lands and Local Government — both of which it claims hold key interests in the property — as respondents.
"No due process was done. The Ministry of Local Government is not responsible for agricultural offer letters and any transfer to urban development must have been done through the Agriculture Ministry," Jani argued in his court application.
He added that his 2007 offer letter from the Ministry of Lands has never been lawfully withdrawn by the President, as is required by law. Court papers also allege that the 2015 letter relied upon by the council bears clear signs of forgery.
Backing Jani's claims, the Ministry of Lands' permanent secretary, Obert Jiri, wrote to him on January 27, 2025, confirming his lawful ownership of the farm. Jiri further stated there had been no valid transfer of Elmswood Farm to the Ministry of Local Government or to Marondera Municipality in line with the Lands Act.
Jani accuses the local authority of blocking his smart city project for personal gain, claiming officials are illegally parcelling out residential stands on the disputed land.
"The council is frustrating my vision while parcelling out land unlawfully. I have investors lined up who are ready to fund the project, but their actions are derailing progress," he said.
The case remains before the High Court, where the outcome will determine whether Marondera Council's stand allocations stand — or whether Jani will proceed with his multi-million-dollar development plan.
Source - The Standard
