Ex-minister Chombo gets farm back

Former Finance minister and ex–Zanu-PF politburo member Ignatius Chombo has regained control of his Allan Grange Farm in Raffingora after the Supreme Court ruled that the government's cancellation of his 99-year lease was unlawful.

In a decisive judgment, the apex court overturned a High Court ruling that had upheld the state's move to cancel Chombo's lease in order to reallocate part of the property to his estranged wife, Mashonaland West Minister of State for Provincial Affairs and Devolution Marian Chombo, and other occupants.

The dispute arose after the Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement issued a notice in 2021 terminating Chombo's lease, citing powers to repossess land for purposes "beneficial to the public." The state relied on Clause 20 of the lease agreement, which allows repossession in the interests of public safety, order or public benefit.

However, Chombo's legal team, led by Professor Lovemore Madhuku, argued that the lease could only be terminated under Clause 22.1, which sets out specific grounds such as breach of contract or failure to pay rent.

Writing for the bench, Justice Joseph Musakwa found that the High Court had "grossly misdirected itself" by permitting the lands minister to invoke Clause 20 as a "catch-all" power to cancel the lease. The court held that reallocating land to resolve a private matrimonial dispute between former spouses did not amount to a "public purpose."

"The use of executive power in this manner was irrational and ignored the clear termination procedures agreed upon by the parties," the judgment said.

The Supreme Court also placed significant weight on a 2018 tripartite agreement between Chombo, the government and a private investor, Pepary Investments. The agreement, intended to support long-term agricultural investment over a 20-year horizon, was found to constitute an irrevocable waiver by the state of its right to arbitrarily cancel the lease.

The bench further cited Section 17 of the Land Commission Act, which obliges the State to guarantee security of tenure in order to promote agricultural development. By attempting to cancel the lease midway through a multi-year investment project, the court ruled, the lands minister had breached the contract and undermined national policy on investment protection.

Emphasising the sanctity of contracts, the court stated that the State must be held to the same standards as private citizens and that "agreements must be kept."

The Supreme Court consequently declared the cancellation of the lease illegal, null and void, restoring Chombo's full rights to the 3 098-hectare Allan Grange Farm. It also barred the government from subdividing or cancelling the lease for at least 20 years from the date of the tripartite agreement.

Addressing the issue of privity of contract, the court noted that Marian Chombo, as a third party to the lease, could not rely on executive action to bypass ongoing or pending judicial processes relating to matrimonial property disputes.