THE Zimbabwe Parks and Wildlife Management Authority (Parks Authority) has successfully filed an application at the High Court for the cancellation of an agreement with safari operator Cascaden Investments which was leasing Chewore North Safari Area, along Zambezi Valley.
In an application before High Court judge Justice Tawanda Chitapi, Parks Authority and the Environment, Climate and Wildlife and Tourism Hospitality ministries cited Cascaden Investments and Big Five Safaris as respondents.
Cascaden Investments and Big Five Safaris were leasing a safari business in Chewore North Safari Area, but the Environment ministry and Parks Authority wanted the agreement declared null and void.
They wanted Cascaden interdicted from carrying out or conducting fishing, game viewing and photographic safaris in the area. Parks Authority also wanted Cascaden to be ordered to vacate the area.
Cascaden, represented by Leonard Nyamutsamba, signed an agreement with Parks Authority former director-general Fulton Mangwanya, which was supposed to endure for 25 years up to December 31, 2042.
Clause 9 provided for annual rentals of US$10 000 for the period January 1, 2018 to December 31, 2021. The rentals were supposed to be increased to US$15 000 per annum from January 1, 2022, after an additional 40 square km piece of land was availed to the lessee.
The agreement was that a deed of settlement be entered into between Parks Authority and Cascaden 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 ongoing disputes between Cascaden and the joint venture partner.
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The Parks Authority argued that subsequently it reached a settlement with Cascaden to the exclusion of Big Five Safaris. The Parks Authority argued that it gave notice to Cascaden to vacate the 3km2 piece of land it occupied.
The Parks Authority argued that the 25-year lease exceeded the statutory limit by three and a half years, rendering it invalid.
Cascaden, however, opposed the application, arguing that the lease agreement of September 2017 had resolved the dispute over its occupancy of the disputed area.
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.
Justice Chitapi said Cascaden did not give any further grounds to advance its argument for occupation of the land in question.
The judge declared the lease agreement entered into by the parties null and void.
He interdicted Cascaden from carrying out or conducting fishing, game viewing and photographic safaris and to vacate the area within 90 days.
