WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.
Original Post Date: 2010-09-09 Time: 06:00:02 Posted By: News Poster
By Chakanetsa Chidyamatiyo
Harare – Government has taken the Zimbabwe Tobacco Association to court seeking to compulsorily acquire 600 hectares of land worth nearly US$30 million.
The piece of land is registered under Sensene Investments, a firm owned by business mogul Philip Chiyangwa. ZTA used to own the farm before embarking on a restructuring exercise that saw transfer of ownership into Sensene Investments, a subsidiary wholly owned by Pinnacle Holdings.
Lands Minister Herbert Murerwa, who is representing Government, cited ZTA as the respondent in the disputed acquisition of part of Farm Odar measuring 605,8092 hectares.
Administrative Court president Mr Herbert Mandeya deferred the matter indefinitely pending ruling on the preliminary aspects raised by ZTA on Tuesday.
Both counsel appearing for the State and ZTA Mr Nelson Mutsonziwa of the Attorney-General’s Office’s Civil Division and Advocate Lewis Uriri respectively agreed to have the court rule on the preliminary issues. During the Tuesday hearing, Advocate Uriri argued the intention of notice to acquire the land had several fatal defects.
According to Adv Uriri, land could not be compulsorily acquired for purposes of expansion of Harare since it is within the precinct of Harare. “It is not in the public interest to acquire that land because the intention is to give it to certain corporates who ought to be able to acquire land on their own,” argued Adv Uriri.
“The notice to acquire should have been published in the Government Gazette simultaneously with a local newspaper.
In his counter-argument, Mr Mutsonziwa said there was complete compliance on the part of Government as it had followed necessary procedures as outlined in the Land Acquisition Act.
In his founding affidavit, Minister Murerwa stated that the land acquisition was reasonably necessary for urban development arguing there was need to reverse colonial imbalances created by the Smith regime.
The minister said town planners who planned cities and towns then did so in accordance with the prevailing situation at the time.
“Currently, over 1,5 million (according to 2002 census) are staying in Harare. The city has a capacity to accommodate 300 000 people,” Minister Murerwa said. Minister Murerwa contends Farm Odar was acquired by the State to meet escalating demand for accommodation. “The land has been identified for urban development for the City of Harare and it is suitable for both residential and commercial development.
Mr Chiyangwa, in his capacity as the chief executive officer and principal shareholder of Pinnacle Property Holdings, which wholly owns Sensene Investments, to whom transfer of the land in question was made in 2001, has since filed an opposing affidavit with the Administrative Court.
Mr Chiyangwa said Odar Housing Consortium is illegally occupying the land yet it can afford to purchase land on the open market. “These companies have already started developing the land with no regard whatsoever to the rights of the respondent as the owner.
“Respondent contends that the Odar Housing Consortium has instigated the compulsory acquisition in order to ‘purchase’ the land from Government for an amount far less than real value of the land and so prejudice the owner in the compensation due to it.
“The acquisition is also simply being done to clothe with legality the otherwise illegal allocation of this land to the private companies without compensation and recourse to the owner,” Mr Chiyangwa said. The businessman wants the court to dismiss the Government’s application.
Original Source:
Published by the government of Zimbabwe
Original date published: 9 September 2010
Source: http://allafrica.com/stories/201009090093.html?viewall=1