via Court shelves Chiyangwa’s appeal – DailyNews Live by Tendai Kamhungira 18 SEPTEMBER 2013
HARARE – The Supreme Court has indefinitely postponed Harare businessperson Phillip Chiyangwa’s appeal against the Administrative Court’s ruling confirming the compulsory acquisition of his 780-hectares of land near Waterfalls, Harare.
Judges Luke Malaba, Paddington Garwe and Antonia Guvava yesterday postponed the matter to attend to the State opening ceremony of the 8th Zimbabwe parliament.
Jetmaster, owned by Chiyangwa, is contesting the compulsory acquisition of the land by government after the Administrative Court president Herbert Mandeya ruled in favour of Lands and Rural Resettlement minister Douglas Mombeshora, allowing co-operatives already allocated land at Nyarungu and Stoneridge ‘A’ farms to continue developments within the area.
Chiyangwa’s lawyer Phillip Uriri told the court that he would want the matter to be dealt with in terms of the new constitution.
He cited Section 71 of the new constitution which deals with reasonable necessity in the public interest and acquisition against prompt and adequate compensation or alternatively compensation soon after acquisition.
Mandeya’s ruling saved Chimurenga Pungwe Housing Co-operative members, who were facing eviction from Nyarungu Farm.