WAR veterans from Spring Farm in Goromonzi, Mashonaland East province, who had controversially lost their land to businessperson Billy Rautenbach following cancellation of their offer letters by government have won the court case after capitalising on the minister’s blunder.
The war veterans had approached the High Court to defend their land after Rautenbach took over the vast land.
The war veterans on Thursday ululated as they celebrated the victory in courtroom just after the handing down of the judgment by High Court judge Justice Regis Dembure.
The judge blasted the Lands minister Anxious Masuka for his decision to cancel the offer letters saying that he was irrational and inconsiderate.
The ministry had challenged an application filed by the war veterans who were challenging the withdrawal of the offer letter.
However, Masuka did not file an opposing affidavit and his permanent secretary filed the affidavit of behalf of the minister before the court, but the move was rejected by the court saying the minister had no right to delegate someone on his behalf on an important case.
Justice Dembure struck off the permanent secretary’s affidavit and ruled that there was no opposition as argued by the war veterans through their lawyer Lovemore Madhuku, resulting in the war veterans winning the case.
“I wish to point out that the law in relation to authority to act is already settled that where authority has been challenged it will be necessary to produce evidence,” the judge said.
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“What is clear is that where the authority of a defendant is put on issue, there will be need to put evidence of that authority in court.”
He said a mere claim by the permanent secretary that he was delegated to respond was not sufficient.
“The permanent secretary deposed an affidavit merely on a position that he has authority.
“There is no evidence before me to show that he has authority,” Justice Dembure said.
“Rule 58 in my view does not relate to the authority to institute to defend evidence. The deponent’s affidavit before is fatally invalid.”
He said the affidavit placed before him was, therefore, based on hearsay.
The judge said the act of withdrawal of offer letter is by the minister and cannot be delegated.
“The decision is his and he must justify his action,” he said.
“He is the one who makes the decision, he is the one expected by the law to apply his mind and come up with a decision. No delegated authority can speak on his behalf.
“The PS [permanent secretary] has no such authority and cannot testify what the minister can do.”
Justice Dembure said the minister cannot delegate his statutory powers, but only administrative powers.
“If a decision maker has failed to depose an affidavit, it’s inadmissible. It is on the above analysis that points in limine are upheld,” he said.
The judge noted that the actions by the minister disrupted the source of livelihood for the applicants.
He said the minister failed in his duty to properly exercise his mind to issues of withdrawals of offer letters.
“He is the one who should have told the court if it was a good intention to withdraw the offer letters and what was his state of mind when he formulated these decisions,” Justice Dembure continued.
“In the absence of his affidavit, the opposition is clearly a nullity. There is no proper opposition before the court.
“The opposition is struck out, and the case shall proceed as there is no opposition before the court.”
The circumstances surrounding the seizure of Springs Farm in Goromonzi and its subsequent allocation to Rautenbach’s Marimba Residential Properties Limited, according to critics, suggested potential manipulation and corruption.
War veterans complained when it emerged that Rautenbach was issued the land’s deed of transfer on June 5, 2025, before the High Court case was heard.
This alarmed the productive indigenous farmers at Springs Farm, including war veterans, who had their applications still pending before the courts.
Adding to the controversy, armed guards were deployed around the farm last week, again prior to the court hearing.
