Zambezi Valley safari operator Suscaden Investments has approached the Supreme Court appealing a High Court order cancelling its agreement with the Zimbabwe Parks and Wildlife Management Authority (ZimParks) to operate in Chewore Safari Area.
Suscaden lnvestments have been operating Chewore Lodge and Campsite for 15 years under two successive leases and a deed of settlement, having navigated numerous legal proceedings throughout including three court interdicts against Zimparks, granted by the High Court.
Included in these legal proceedings has been the abduction of one of the directors followed by arrest and imprisonment, in 2023, which the court then dismissed all charges.
The appeal came after Justice Tawanda Chitapi questioned the validity of their lease agreement with Zimparks ignoring their longstanding presence, legal agreements and their unwavering commitment to the area.
Suscaden Investments have cited Zimparks, Minister of Tourism and Environment and Big Five Safaris as the respondents in the application.
ln its notice of appeal to the Supreme Court, Suscaden Investments is arguing that Justice Chitapi erred and grossly misdirected in failing to find that minister had signed the lease agreement when the evidence showed her signature had been procured by them through its normal signing channels.
The safari operator argued that Justice Chitapi erred and grossly misdirected in dismissing the evidence of their witness, the former Zimparks deputy director responsible for commercial contracts who had received the lease agreement bearing the Minister’s signature through the usual channels and instructed that it be handed to them after payment of the annual fees.
Suscaden Investments is also appealing the judgement on the ground that the High Court failed to draw an adverse inference from the minister's failure to testify and avail herself for cross examination after hearing the evidence of the ex-deputy director.
- Bundu series captures poaching issue
- Kenya's top court to rule on disputed presidential election
- More details emerge in Justice Gwaunza saga
- Conservationists help tackle poaching in Hwange
Keep Reading
The safari operator also argued that the High Court judge misdirected in blaming Suscaden Investments for the production of a lease agreement that did not contain the minister’s signature in previous litigation when such version of the agreement was introduced by the Big Five Safaris in its application under Ref Case HCH 3107/18 and defended by the Zimparks.
Suscaden Investments further argued that Zimparks and the minister in prior litigation had never claimed that the minister had not signed the 2017 lease agreement until their court application issued on July 23, 2023.
They also argued that the fact that Zimparks were accepting rental fees for years in which three different ministers were in office showed that there was a valid lease.
ln their application to the Supreme Court they are seeking an order dismissing the High Court judgement by Justice Chitapi.
According to the background of the matter, Suscaden Investments and Big Five Safaris are both leasing in Chewore North Safari Area, but the environment ministry and ZimParks wanted the agreement declared null and void.
The government also wanted Suscaden interdicted from carrying out or conducting fishing, game viewing and photographic safaris in the area. Parks Authority also wanted Suscaden to be ordered to vacate the area.
Suscaden, represented by Leonard Nyamutsamba, signed an agreement in 2017, with former Zinparks director general Fulton Mangwanya, which was supposed to endure for 25 years up to December 31, 2042.
The agreement was that a deed of settlement be entered into between Parks Authority and Suscaden following the termination of a deal between the Parks Authority and a company called Chewore Confluence (Pvt) Ltd.
Big Five Safaris, however, registered its interest in the on-going disputes between Suscaden and the joint venture partner.
Suscaden, however, opposed the application, arguing that the lease agreement of September 2017 had resolved the dispute over its occupancy of the disputed area and that is why there is a deed of settlement.
The safari operator argued that the minister had signed the agreement and admitted that the deed of settlement required that the lease agreement to be issued had to be signed by the minister.
Zimparks argued that the 25-year lease exceeded the statutory limit by three and a half months, rendering it invalid.
The judge declared the lease agreement entered into by the parties null and void.
He interdicted Suscaden from carrying out or conducting fishing, game viewing and photographic safaris and to vacate the area within 90 days.
However, Suscaden Investments managing director Terry Kelly argued that the lease is valid and was signed by all relevant authorities and that is why they were now seeking justice at the Supreme Court.
