Chikwinya approaches High Court
By Mathew Masinge
Former Women Affairs, Gender and Community Development minister Nyasha Chikwinya has approached the courts seeking review of the Lands minister’s decision to withdraw her Goromonzi farm offer letter.
According to the application, Chikwinya obtained ownership of the farm on June 6th, 2003 before it was withdrawn on January 5, 2016.
The Minister of Local Government, Public Works and National Housing and Mama Mafuyana Housing Co-operative are cited as other Respondents.
Chikwinya claims she was tricked and learnt the hard way that her offer letter had been withdrawn without her knowledge.
“I now understand first Respondent (Lands and Rural Resettlement minster)’s position to be that my offer letter was withdrawn.
“I contest that withdrawal as being invalid and I contest as false that I have always known such withdrawal,” she said.
She said her right to the property cannot be taken away without due process.
“As far as I was concerned, my rights in respect of the piece of land were not precarious.
“As regards the rights that set in under the constitution, they can only be taken away in terms of the process contemplated by the constitution.
“Regarding contractual rights, they can only be taken away in the manner agreed to by the parties,” she said.
The former cabinet minister strongly opposes the way in which the withdrawal was effected.
“I also wish to emphasize that the basis upon which the withdrawal was effected is unknown to me.
“That first Respondent is obliged to give reasons when exercising such drastic powers is beyond question.
“First respondent has however, not availed himself of the opportunity to give his reasons in this regard therefore the withdrawal was malicious,” reads the application.
In terms of the order being sought, the former cabinet minister wants the court to set aside the decision to withdrawal the offer letter.
She also wants the court to restore her full rights and an order for costs. H-Metro