The impact of the high-profile Supreme Court judgement that resulted in the loss of millions of dollars in tourism investment for 73-year-old businessman Terry William Kelly, owner of Chewore Lodge in the Zambezi Valley, has further damaged Zimbabwe's reputation as an investment destination.
The case has triggered grave concerns regarding the safety of domestic and foreign investment in the country.
Kelly (in handcuffs), who operated the luxury safari lodge for 15 years through his company, Suscaden Investments, now faces financial losses after his agreement, leaving Kelly facing eviction from the flagship conservation-tourism project without compensation.
Industry analysts say the closure of such a pivotal business affects the local economy and tourism sector through job losses, reduced tax contributions and damaged investor confidence.
The ruling has sent shockwaves through the investment community, further casting doubt on the government’s "Zimbabwe is open for business" mantra.
It reinforces perceptions of Zimbabwe as a high-risk destination for capital.
The case, widely covered bt The NewsHawks, centered on a disputed signature by former
Environment, Water and Climate
minister Oppah Muchinguri-Kashiri, who denied signing a lease that the state had treated as valid for 15 years.
This highlights critical failures in state administrative processes and a lack of security of tenure.
Analysts say the legal system prioritised technicalities over substantive justice, effectively making the state itself a primary investment risk by disowning responsibility for its own administrative failures.
Somw observers the legal outcome was influenced by politically connected individuals seeking to seize private property, something the Zimbabwean government is notorious for.
One of the main reasons why Zimbabwe is in a state of protracted economic crisis is the government's failure to uphold the rule of law and property rights.
The long-running case hinged on conflicting evidence over the authenticity of the ministerial signature.
Evidence was produced in court showing that the then responsible minister Muchinguri- Kashiri had indeed signed the lease agreement and documents had been processed through the formal channels.
A key witness, a former senior ZimParks official, testified he received the lease agreement bearing the minister’s signature through the usual channels and instructed that it be handed to the investor after payment of the annual fees
The signature was examined by an expert graphologist who confirmed it was indeed the minister’s.
The Supreme Court ruling, handed down by Justice George Chiweshe, Justice Chinembiri Bhunu and Justice Joseph Musakwa, means that the millions of dollars invested by Kelly into Chewore Lodge and Campsite, will go down the drain.
Chewore Lodge is a well-known safari destination popular with tourists from around the world. Kelly built and operated the lodge for 15 years through his company, Suscaden Investments, under two leases and a settlement agreement issued by ZimParks, which accepted rent and treated the lease as valid for many years.
However, the High Court later ruled that the lease was invalid
because it did not have clear approval from the then minister.
The long-running legal dispute pitted Suscaden against ZimParks, the Ministry of Environment, Climate Change, Tourism and Hospitality Management, and rival safari operator Big Five Safaris, owned by controversial businessman, Conrad “Billy” Rautenbach.
In the Supreme Court judgement, the court declared Suscaden had failed to provide clear evidence that Muchinguri-Kashiri had approved the lease.
“The burden of proof rests on the party asserting a fact,” Justice Chiweshe said.
“The appellant has not satisfactorily demonstrated that the Minister signed or otherwise approved the lease agreement as required under Section 37 of the Act.”
@sam_dzivah Uhmmm, easy coz it's his money, not yours. He can do whatever the f*ck he wants. What makes you think you can tell someone else what to do with his finances . Work hard and donate to Parirenyatwa
@crimewatchzw So people can seriously just leave kids on a bus alone going such long distance ...what the hell is wrong with some people. Zvimwe zvinhu so ka it's just asking for trouble and as a sister you are so irresponsible wakatadza kuenda nemwana wozodzoka hako?