HARARE – The Supreme Court in Zimbabwe is under the spotlight as it prepares to pass judgement in a case in which a local safari operator risks losing millions of dollars after the annulment of its 25-year lease of Chewore North Area located at the confluence of the Zambezi and Chewore rivers.
The Supreme Court bench comprising Justice Chinembiri Bhunu, Justice George Chiweshe and Justice Joseph Musakwa on Tuesday 22 July presided over an appeal filed by a safari operator, Suscaden Investments, which challenged a High Court ruling which annulled its lease given by the Zimbabwe National Parks and Wildlife Management Authority on the grounds that it was not signed by the responsible minister as required by the law.
The Supreme Court determination will be key as it highlights issues around the rule of law, property rights, and protection of investment, as well as the ease of doing business.
Investors closely watch such cases and the determination will also have an impact on the government’s ‘Zimbabwe is open for business’ mantra.
The Supreme Court appeal follows a ruling by High Court judge, Justice Tawanda Chitapi, issued on March 21, 2025, under case number HH192-25, after a legal challenge brought by ZimParks and the Minister of Environment, Climate and Wildlife.
The then Minister of Environment, Climate Change, Tourism, and Hospitality (the ministry title at that point), Oppah Muchinguri-Kashiri, had denied ever signing the agreement.
However, in its appeal against the High Court ruling, Suscaden Investments argued the judge erred and grossly misdirected himself in failing to find that Muchinguri-Kashiri had signed the lease agreement when the evidence showed her genuine signature was attached to it.
Suscaden Investments is run by 72-year old Terry Kelly.
Suscaden Investments argued the court a quo erred and grossly misdirected itself in dismissing evidence given by ZimParks’s former deputy director to the effect that he had received the lease agreement bearing the minister’s signature through the usual channels and instructed that it be handed to the appellant after payment of the annual fees.
It further argued the High Court got it wrong in failing to draw an adverse inference from Muchinguri-Kashiri’s (the second respondent) failure to testify and avail herself for cross-examination after hearing the evidence of the former ZimParks’s deputy director
The safari operator argued that the court was wrong to place the onus on it to show that the minister had signed the lease when ZimParks and the minister (first and second applicants) bore the onus that the second respondent had not signed the lease agreement.
Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,576Mliswa’s arrest unmasks alleged high-level corruption…Jun 16, 202547,830Mliswa alleges Mnangagwa’s authority being abused in…Apr 14, 2025146High Court evicts safari operator, nullifies 25-year lease…Mar 27, 2025146
Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,576Mliswa’s arrest unmasks alleged high-level corruption…Jun 16, 202547,830Mliswa alleges Mnangagwa’s authority being abused in…Apr 14, 2025146High Court evicts safari operator, nullifies 25-year lease…Mar 27, 2025146
Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,576
Temba Mliswa decries Mutsvangwa’s anti-Tagwirei stance…Jul 23, 202543,576
Source: Nehandaradio
