By Court Reporter
Businessman and politician, Philip Chiyangwa, has approached the court after government grabbed his land to the construct the Museum of the African Liberation.
In his court application, Chiyangwa said the property was acquired on commercial terms in 2012 and it was approved by City of Harare.
The land fights back date 2012 which according to the court papers lasted three year after Killima had been unlawfully deprived of its property.
In 2013 High Court judge Justice Happius Zhou ruled in favour of Killima and the property was transferred to the company’s name.
City of Harare transferred the property on June 24 2019 under transfer registration 4050/19.
“It is common cause that applicant proceeded to seek various permits and licences for the construction of a multimillion-dollar world class shopping mall complete with all upmarket amenities including supermarkets, fuel station, clothing shops and all complementary infrastructure.
Chiyangwa said to date Killima has invested more than US$10 million and the mall would have been complete by end of this year.
“The land constitutes a are gem which Killima has not spared any sweet resource or effort in ensuring that it represents the best expression of indigenous business investment in /Zimbabwe,” he said.
“With the applicant having toiled to ensure that the property is dully completed before the end of 29021, a surprise call was made by one Ambassador Kwme Muzawazi who introduced himself as the head of Secretariat of the Institute of African Knowledge.”
Chiyangwa said Muzawazi old Brian Chiyangwa his managing director of their intention buy the entire complex.
“Muzawazi advised the applicant that his organisation is a government department in the office of the President and Cabinet with the responsibility of constructing a Museum for the history of African Liberation.”
He said they discussed with Muzavazi who said he was going to talk with his superiors but never returned as Killima continued with its construction project.
He said from this it is clear that the government has decided to forcibly grab his property despite that he had offered to discuss the matter and reach a common ground.
“Applicant contends that respondent’s conduct is manifestly unconstitutional, unlawful, wrongful and prejudicial to Killima’s rights and interests.
He said his company objects to the proposed acquisition by the government on the basis that the act is an unreasonable exercise of power by the state.
He said they have right to the protection of law having fought for the same piece before.
“The respondent is proceeding against the applicant’s property as if applicant does not have rights and are extant and worth the protection of the law. The respondent’s conduct is wholly, arbitrary, unconstitutional and has no place for justification in an open and democratic society.
The applicant has no option but to seek a declaration of rights in respect of his property.