High Court embrasses Masuka
…stops him from offer letter withdrawal
COURT REPORTER
The High Court has stopped Lands, Agriculture, Fisheries, Water and Rural Development minister Anxious Masuka from withdrawing an offer letter for Chegutu businessman Christopher Rukawo, who has massively development the farm with more than 550 heads of cattle.
Rukawo approached the High Court and cited the minister as the respondent in the application for upliftment of the bar.
Rukawowas allocated Subdivision 8 of Oldham Farm in Chegutu district, Mashonaland West province, through an offer letter dated March 6, 2007.
The farm, measuring 1 373 hectares, was offered to him under the Land Reform and Resettlement Programme, Model A2 Phase II.
He told the court that he made significant investments on the farm, including construction of six permanent houses for farm workers, installation of a 50kVA generator and construction of a 4km powerline at US$140 000, including a 200kVA transformer.
Other developments include fencing of paddocks, the establishment of a cattle ranching operation with 550 heads of cattle and acquisition of farm equipment, including a tractor and a hay baler worth US$84 000.
However, on April 7, 2022, Rukawo received a letter from the minister indicating the intention to withdraw the offer letter for “re-planning”, giving him seven days to make representations.
Rukawo outlined the extensive developments made on the farm and the agricultural activities being conducted.
However, on June 6, 2022, the minister issued a letter formally withdrawing the offer letter for re-planning purposes.
however, submitted to the High Court that the minister did not provide detailed reasons or any indication that his representations had been considered while there was no offer of alternative land.
He argued that the withdrawal was not only procedurally flawed, but substantively unreasonable.
In his opposing papers, Masuka maintained that the withdrawal was made in accordance with the law and the notice was adequate.
He also argued that Rukawo’s utilisation of the farm was not in line with the expectations set out in the offer letter.
However, High Court judge Justice Joel Mambara said the seven-day notice period, might have been considered sufficient under certain circumstances, but given the complexity and significance of Rukawo’s investments and operations on the farm, the minister should have allowed a longer period to ensure that he adequately prepares and submits comprehensive representations.
The judge said under the Administrative Justice Act, decisions should be supported by reasons that are clear, specific.
“In this case, the term ‘re-planning’ is broad and ambiguous. It does not provide the applicant with any concrete information about why the decision was made or how the re-planning process necessitates the withdrawal of the offer letter,” Justice Mambara said.
“The lack of specificity in the reasons given by the respondent is insufficient to meet the standards of administrative fairness required by law.
“The failure to consider the applicant’s submissions indicates a disregard for the principles of natural justice and the requirements of procedural fairness. This omission undermines the legality and fairness of the decision.”
He ruled that the decision to withdraw the offer letter without offering any form of compensation, alternative land or consideration of the applicant’s substantial investments was not justifiable.
“The respondent’s actions were arbitrary and lacked the necessary balance between administrative discretion and the protection of individual rights,” the judge ruled.