Falcon Golf Club challenges Defence cantonment in High Court

HARARE - Falcon Golf Club has approached the High Court challenging the decision by the Minister of Defence to declare a cantonment on land the club says it has legally occupied under a lease agreement for more than five decades.

In case number HCH 5002/26, Falcon Golf Club is the applicant, while the Minister of Defence, the Commander of the Zimbabwe Defence Forces and the Commander of the Air Force of Zimbabwe are cited as respondents.

According to heads of argument filed by Takaindisa Law Chambers on October 30, 2026, the club is seeking to have the declaration of the cantonment set aside.

The club argues that the cantonment was declared through Statutory Instrument 28 of 2026 on February 13, 2026, but it only became aware of the development on September 5, 2026.

Falcon Golf Club is challenging the decision on several grounds, including alleged illegality, irrationality, unreasonableness, procedural impropriety, lack of jurisdiction and alleged violations of constitutional rights.

According to court papers, the club maintains that the land in question has been owned by the City of Harare since 1971 and that it occupies the property under a lease agreement with the local authority.

The applicant contends that the respondents have never owned the land and that the declaration was intended to interfere with its legally recognised rights to occupy and use the golf course and related facilities.

The club further argues that the statutory instrument does not clearly identify the applicant, referring only to "Falcon," despite the existence of Falcon Golf Club as a legal entity occupying the premises.

Court documents also state that no written notice was provided to the club before the declaration despite its long-standing occupation of the property.

A central argument in the application relates to the legal basis of the statutory instrument.

According to Falcon Golf Club, Statutory Instrument 28 of 2026 cites Section 87 of the Defence Act as its enabling provision.

The club argues that Section 87 deals with matters relating to retrials following the overturning of court-martial convictions, whereas declarations of cantonments fall under Section 89 of the Act.

"The statutory instrument cannot derive legal validity merely from the Minister's general authority; it must be made pursuant to the correct empowering provision," the applicant argues in its court papers.

Falcon Golf Club further contends that there was no military emergency, operational necessity or security threat requiring the declaration of a cantonment over the property.

The applicant alleges that the land is instead being sought for recreational purposes linked to the military.

The club is seeking an order setting aside the decision and granting the relief outlined in its court application.

The matter is yet to be determined by the High Court, and the allegations and legal arguments contained in the application remain subject to judicial determination.