Commander Defence Forces General Mutatu sued
By Staff Reporter
Harare based Falcon Golf Club has returned to the High Court with an application to challenge a declaration of a military cantonment area status on the land it occupies under a lease agreement with Harare City Council which expires in 2070.
In February 2026, Defence Minister Oppah Muchinguri who is cited as first respondent, amended Statutory Instrument 210 of 2025 by repealing coordinates which related to Falcon Cantonment areas which include parts of the area where Falcon Golf Club is situated, and substituted the repealed coordinates with new ones. The amendment was done through Defence (Cantonment) (Zimbabwe Defence Force) Notice, 2026 (No. 56) that is S.I. 28 of 2026. Falcon Golf Club said it only became aware of the amendment on September 5 this year.
The court action dated 6 October 2026 under case number HCH5002/26 is therefore an application for the High Court to review that decision by Muchinguri to take over the property worth US$2 million.
Last month the club filed an application for a spoilation order at the High Court when the air force moved into the property but that court action has since been withdrawn and replaced by the current one.
Commander Defence Forces General Emmanuel Mutatu is cited as second respondent and is being sued in his official capacity of being the highest -ranking officer and responsible authority who commands the overall Zimbabwe Defence Forces under which the Airforce of Zimbabwe is a subordinate affiliate and beneficiary from the cantonment
Air Force Commander Jacob Nzvedza is cited as third respondent in his official capacity as the official appointed in terms of section 216 (2) of the Constitution of Zimbabwe read with section 89 and 110 (2) (d). He the highest official of the Air Force of Zimbabwe which is
the subordinate affiliate of the Zimbabwe Defence Forces , charged with the responsibility
of protecting and enforcing the country’s airspace.
Nzveda is also responsible for the daily operations of the Air Force of Zimbabwe and also beneficiary from the cantonment declaration . It is the Air Force of Zimbabwe which is alleged to have unlawfully taken possession of the land which Applicant was occupying .
A military cantonment area is a permanent or semi-permanent military station or housing settlement designed for stationing troops, storing equipment, and accommodating service personnel and their families.
Part of Falcon Golf Club’s application under the hand of its trustee Alex Mashamhanda reads:
“This is a court application for review of the decision of the Respondent to declare a
cantonment on Applicant’s land, granted and delivered on the 13 of February 2026 and which Applicant only became aware of on the 5 th of September 2026 which marked the
termination of proceedings, based on gross irregularity of the proceedings and decision
on the grounds that :
“The decision making authority, being the 1 st Respondent acted outside the scope of
powers conferred by the enabling statute (Defence Act Chapter 11:02 ) and misconstrued the empowering provisions, or violated mandatory statutory prerequisites by failing to
follow due process and consultation procedures in that 1 st Respondent did not notify the Applicant by giving prior notice in writing to the Applicant of its intention to declare a
cantonment as required at law despite being aware of Applicant’s open occupation of
fifty -six years,” reads part of the court papers filed by Falcon Golf Club.
“The decision to declare a specific area a cantonment is so outrageous in its defiance of
logic or accepted moral standards that no sensible authority, having applied its mind to
the issue, could have arrived at it.
“This includes lack of an objective factual basis connecting the area to defence or military quartering needs. The decision is tainted with malice. It is clear that the declaration for a cantonment is tainted with malice as the 1 st Respondent did not to use the land on the basis of any pressing military emergency, need or security threat.”
Falcon Golf Club says the Air Force Commander Nzveda claims to be an owner of the land yet Muchinguri imposed a cantonment via statutory law.
“These positions cannot be reconciled for if one is an owner of land , he does not need a declaration of cantonment on it for he has full ownership rights of use and disposal of the land. The issue takes an interesting twist in that it is common cause the Applicant has an extant lease with the City of Harare (fifty six years and counting). Is the military really the owner of the land, if so what then is the reason for a cantonment?”
“The Respondent cannot claim ownership and at the same time seek to justify declaring a cantonment. The Respondents must pick their poison.”
Falcon Golf Club also avers that Muchinguri failed to observe fundamental rules of natural justice or constitutional procedural requirements denying affected land occupiers that is the applicant’s members an opportunity to make representations or receive prior notice of the cantonment as required by law.
“The 1 st Respondent’s declaration disproportionately or unconstitutionally infringes upon
constitutionally protected rights such as property rights, freedom of movement, or
protection against arbitrary eviction or deprivation of property without justification under
the limitation clauses of the Constitution of Zimbabwe appreciating that (aside the
alleged impropriety of 1 st Respondent’s decision), the Respondents have said nothing regards compensating the Applicant for improvements regards its hostile takeover of the
Applicant’s premises who have occupied the land for more than fifty years. The 1st Respondent’s decision is not justifiable constitutionally for it is unreasonable,” reads the court papers.
The respondents have ten days to file papers opposing the lawsuit.
