Falcon Golf Club challenges Air Force takeover in court

HARARE - Falcon Golf Club has filed a fresh High Court application challenging the takeover of its premises by the Air Force of Zimbabwe, arguing that the dispute concerns the rights of a community-owned sporting institution rather than the personal interests of one individual.

The application, filed under case number HCH/26 on October 5, 2026, was brought by Falcon Golf Club through trustee Alex Elias Mashamhanda, who says he is acting on behalf of the club and its members.

The respondents cited in the matter are the Minister of Defence, the Commander of the Zimbabwe Defence Forces and the Commander of the Air Force of Zimbabwe.

In his founding affidavit, Mashamhanda stated that he had been authorised by the club's executive committee to institute the proceedings.

"I am one of the trustees for the time being of Falcon Golf Club, the applicant, which is a community-owned golfing facility and association of members and trustees, and I am duly authorised by the applicant's executive committee resolution to institute these proceedings on behalf of the applicant," he said.

According to court papers, Falcon Golf Club argues that it is a member-owned sporting institution whose members, employees and trustees have been denied access to the property.

The club says it has occupied 17 stands in Hatfield Estate under a lease agreement signed with the then City of Salisbury, now the City of Harare, on June 30, 1971. The lease is said to run until June 29, 2070.

Falcon Golf Club claims that over the years its members developed the golf course, clubhouse, manager's residence and other facilities, with improvements estimated at more than US$2 million.

The dispute centres on Statutory Instrument 210 of 2025, which designated part of the land as a cantonment under the control of the Zimbabwe Defence Forces. The instrument was later amended through Statutory Instrument 28 of 2026.

The club maintains that it only became aware of the gazetted designation on September 5, 2026, and alleges that it was never formally notified or removed through a court-sanctioned eviction process.

According to the application, Air Force personnel allegedly entered the property on September 5 and took possession of several facilities.

The club alleges that buildings were altered and repainted in Air Force colours and that staff members were informed that the military had taken over the premises.

Falcon Golf Club further claims that members were denied access to the course on September 12 during the Zimbabwe Inter-Service Golf Team Championship.

"The actions of the second and third respondents smack of a brazen hostile takeover of the premises that belong to the applicant," Mashamhanda states in the court application.

Through its legal representatives, Takaindisa Law Chambers, the club is challenging the validity of the cantonment declaration, arguing that the decision was unlawful and procedurally unfair.

The club says an earlier urgent spoliation application was withdrawn to address procedural issues and has not been abandoned.

Falcon Golf Club is seeking restoration of possession of the clubhouse, golf course and associated buildings pending the final determination of the dispute.

The case is yet to be heard, and the allegations contained in the court papers remain claims before the court that have not been tested.