Latest on Chiyangwa's three farms compulsorily acquired by government

Jetmaster Properties and Pinnacle Properties, companies linked to businessman Mr Phillip Chiyangwa, have conceded that the compulsory acquisition of their three farms measuring 1 384 hectares by Government for urban settlement in Harare was above board.

They said they were now negotiating with the Government for compensation for Ordar Farm which measures 605 ha and Stoneridge and Nyarungu farms measuring 586ha and 193 ha respectively.

The companies yesterday through their lawyer Advocate Lewis Uriri successfully sought postponement of the Supreme Court appeal indefinitely pending the drafting of a deed of settlement that will see them getting compensation in cash.

The Administrative Court in 2012 ruled that the acquisition of tracts of lands at Ordar Farm, Nyarungu Farm and Stoneridge Farm by Government for urban settlement was lawful, but Mr Chiyangwa's companies appealed to the Supreme Court, arguing that the whole process was illegal. In a dramatic U-turn yesterday, the companies climbed down from their earlier position, saying the acquisition was indeed lawful and that they had now agreed for a settlement.

That marks the end of one of the longest drawn legal battles and brings relief to thousands of families allocated land by Government at the farms that were living in fear of eviction over the past years. Adv Uriri said the parties had reached an agreement and the issue of the legality of the acquisition of land was no longer contested.

"The parties have reached a common ground.  We are working on a deed of settlement in which my clients will get compensation for the land," he said.

"We are no longer challenging confirmation of the acquisition. It has already been confirmed and finer details of the agreement will come out in the deed of settlement."

Adv Uriri said the Ministry of Local Government, Public Works and National Housing was finalising the technical aspects of the deal.

Director of public prosecution in the Prosecutor General's Office Mr Nelson Mutsonziwa confirmed the position, saying the idea of compensation was mooted to avoid injuring the feelings of the former land owners.

Mr Mutsonziwa said the settlement was an end to the legal battle and that the deed of settlement would only come back to court for endorsement of the agreement.

"I do confirm the position and that arrangement means the case is finalised. The courts have since confirmed the acquisition and we decided to look for an amicable settlement to avoid injuring the feelings of the appellant considering the magnitude of the land that Government acquired."

Deputy Chief Justice Luke Malaba sitting with Justices Elizabeth Gwaunza and Bharat Patel postponed the matter indefinitely to allow the parties to finalise their deed of settlement that would be endorsed as a court order.

Pinnacle Holdings and Jetmaster Properties had contested the compulsory acquisition by the Government after they bought the land from its previous owners and had gone as far as issuing eviction notices to the co-operatives and mounting advertising campaigns to discourage others from joining the co-operatives. The compulsory acquisition of land for low-cost housing in Harare owned through the two companies was confirmed by the Administrative Court, allowing co-operatives already allocated land to continue their developments.

Government conceded that Pinnacle and Jetmaster were capable of building houses on those pieces of land, but argued that the companies would not cater for the low-income earning citizens because they were profit oriented.