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Zimbabwe Minister in third attempt to grab farm
11 hrs ago |
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The Minister of Lands, Agriculture, Fisheries, Water and Rural Development has secured a reprieve from the Supreme Court after being granted leave to appeal a High Court judgment that nullified the State's third attempt to compulsorily acquire Hope Farm in Mashonaland West Province.
The dispute centres on the remaining extent of the 1,113-hectare Hope Farm in Kadoma District, held under Deed of Transfer Number 3050/78 and owned by Mamina Hope Resources.
The minister successfully applied for condonation after failing to file his appeal within the prescribed period, with the Supreme Court granting him an extension to challenge the High Court ruling delivered on November 17, 2025.
Court papers show that the transcribed judgment was uploaded to the Integrated Electronic Case Management System on December 29, 2025. Under Rule 45(1)(a) of the Supreme Court Rules, the minister was required to file his appeal within 15 days of the judgment, but missed the deadline by one month and 16 days.
Mamina Hope Resources opposed the application.
According to the minister, he is constitutionally mandated to oversee the compulsory acquisition of agricultural land identified by the government for public purposes.
In terms of Section 72 of the Constitution, once land is gazetted for compulsory acquisition, ownership vests in the State, the Deeds Registry cancels the existing title deed and registers the property in the name of the State. Compensation is payable only for improvements made on the land.
The case marks the third attempt by the State to acquire Hope Farm.
The first acquisition was initiated in 2013 but was later abandoned after the minister acknowledged that the property had been mistakenly acquired because it belonged to black indigenous Zimbabweans. A consent order was subsequently granted setting aside the acquisition.
In 2018, the State again sought to compulsorily acquire the property. Mamina challenged the move in the High Court, and the minister did not oppose the application. The court subsequently nullified the acquisition.
Following that judgment, Mamina obtained a certificate of "no present interest" under the Land Acquisition (Disposal of Rural Land) Regulations, 1999, before securing approval to subdivide the property for residential development.
However, in 2019, the property was again gazetted for compulsory acquisition without the company's knowledge, prompting Mamina to institute fresh legal proceedings under case number HCH 1938/25.
The company argued that circumstances had not changed since the earlier failed acquisition attempts and maintained that the property had since become peri-urban and was no longer agricultural land.
The minister opposed the application, arguing that the land was required for resettlement purposes and that more than 200 families had already been settled on the property.
He further contended that the certificate of "no present interest" had been issued in error and argued that courts lacked jurisdiction to reverse compulsory acquisitions undertaken by the State, insisting that the Constitution limited the landowner's remedy to compensation rather than reversal of the acquisition.
On November 17, 2025, the High Court ruled in favour of Mamina Hope Resources and set aside the latest acquisition.
In granting condonation, Supreme Court Judge Justice Joseph Mafusire observed that the minister's assertion that more than 200 families had already been settled on the property was difficult to reconcile with evidence showing that Mamina's activities on the farm had been authorised by government authorities, including the minister's own ministry.
Nevertheless, Justice Mafusire found that the intended appeal was arguable.
"It cannot be stated with any degree of certainty that the appeal suffers from predictable failure," the judge ruled.
The Supreme Court granted the application for condonation and extended the time within which the minister may file his appeal against High Court judgment HH 850/25 under case number HCH 1938/25.
The minister has been given seven days to note the appeal, with each party ordered to bear its own legal costs.
The dispute centres on the remaining extent of the 1,113-hectare Hope Farm in Kadoma District, held under Deed of Transfer Number 3050/78 and owned by Mamina Hope Resources.
The minister successfully applied for condonation after failing to file his appeal within the prescribed period, with the Supreme Court granting him an extension to challenge the High Court ruling delivered on November 17, 2025.
Court papers show that the transcribed judgment was uploaded to the Integrated Electronic Case Management System on December 29, 2025. Under Rule 45(1)(a) of the Supreme Court Rules, the minister was required to file his appeal within 15 days of the judgment, but missed the deadline by one month and 16 days.
Mamina Hope Resources opposed the application.
According to the minister, he is constitutionally mandated to oversee the compulsory acquisition of agricultural land identified by the government for public purposes.
In terms of Section 72 of the Constitution, once land is gazetted for compulsory acquisition, ownership vests in the State, the Deeds Registry cancels the existing title deed and registers the property in the name of the State. Compensation is payable only for improvements made on the land.
The case marks the third attempt by the State to acquire Hope Farm.
The first acquisition was initiated in 2013 but was later abandoned after the minister acknowledged that the property had been mistakenly acquired because it belonged to black indigenous Zimbabweans. A consent order was subsequently granted setting aside the acquisition.
In 2018, the State again sought to compulsorily acquire the property. Mamina challenged the move in the High Court, and the minister did not oppose the application. The court subsequently nullified the acquisition.
Following that judgment, Mamina obtained a certificate of "no present interest" under the Land Acquisition (Disposal of Rural Land) Regulations, 1999, before securing approval to subdivide the property for residential development.
However, in 2019, the property was again gazetted for compulsory acquisition without the company's knowledge, prompting Mamina to institute fresh legal proceedings under case number HCH 1938/25.
The company argued that circumstances had not changed since the earlier failed acquisition attempts and maintained that the property had since become peri-urban and was no longer agricultural land.
The minister opposed the application, arguing that the land was required for resettlement purposes and that more than 200 families had already been settled on the property.
He further contended that the certificate of "no present interest" had been issued in error and argued that courts lacked jurisdiction to reverse compulsory acquisitions undertaken by the State, insisting that the Constitution limited the landowner's remedy to compensation rather than reversal of the acquisition.
On November 17, 2025, the High Court ruled in favour of Mamina Hope Resources and set aside the latest acquisition.
In granting condonation, Supreme Court Judge Justice Joseph Mafusire observed that the minister's assertion that more than 200 families had already been settled on the property was difficult to reconcile with evidence showing that Mamina's activities on the farm had been authorised by government authorities, including the minister's own ministry.
Nevertheless, Justice Mafusire found that the intended appeal was arguable.
"It cannot be stated with any degree of certainty that the appeal suffers from predictable failure," the judge ruled.
The Supreme Court granted the application for condonation and extended the time within which the minister may file his appeal against High Court judgment HH 850/25 under case number HCH 1938/25.
The minister has been given seven days to note the appeal, with each party ordered to bear its own legal costs.
Source - newsday
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