High Court judge Justice Joseph Chilimbe has reined in the powers of then Minister of Local Government and Public Works July Moyo, setting aside his decision to withdraw a land offer to a private developer and warning him to exercise his powers more responsibly in future.
The court has set aside the Ministers’ decision to withdraw an offer of 100 hectares of land to N-Frays Infrastructure (Pvt) Ltd, a land developer.
The judge found that the Minister’s decision was unlawful, irrational, and unfair, and failed to meet the standards of good administrative conduct as prescribed by the Administrative Justice Act.
Justice Chilimbe, in his judgment, stated that “the Minister’s decision to withdraw the offer of land was not based on any valid grounds, and he failed to engage with the applicant or provide reasons for his decision.”
The judge further noted that “the Minister’s conduct was arbitrary and irrational, and he failed to meet the standards of fairness and transparency required by the Act.”
N-Frays Infrastructure (Pvt) Ltd had applied for the land in 2016, and the Minister had offered it to them subject to certain conditions.
“N-Frays averred that it was charged an amount of US$2,000,000 or equivalent in local currency for the intrinsic value of land. It duly paid this in the form of ZWL2,019,150.
“Apparently, the Minister then reneged on his undertaking to instruct the Department of Physical Planning to carve out the 100 hectares from Chishawasha B Farm. This was so despite countless pleas from N-Frays between 2016 and 2023,” the judge noted.
However, the Minister on 14 June 2023 withdrew the 2016 offer.
The withdrawal was, according to the letter; – “…. due to offsite infrastructural constraints particularly the absence of bulk water supplies.”
The company argued that this decision was unfair and unlawful, and that the Minister had failed to meet his obligations under the Administrative Justice Act.
The court agreed with the applicant, stating that “the Minister’s decision was not based on any rational or lawful grounds.”
The judge set aside the Minister’s decision and ordered that the offer of land be revived, with all terms still standing between the parties.
In his judgment, Justice Chilimbe cited the importance of good administrative conduct, stating that “the Act seeks to attain good, prompt, fair, and progressive administrative conduct, and to instill accountability in administrative conduct.”
Justice Chilimbe stated, “the Act is not intended to fetter the discretion of administrative authorities, but to ensure that they exercise their powers in a fair, rational, and lawful manner.”
“…..administrative authorities ought, as far as such is feasible and non-self-defeating, account to those persons affected by its decisions.
“In the same vein, the Minister could have fully explained the reason behind his decision in response to this application. But no opposition was filed herein thus depriving the court of an opportunity to better interrogate the complaint before it.
“The Act merely exhorts them to exercise such powers responsibly. Herein, the issue is not to bar the Minister from withdrawing the offer, but to justify his decision to do so rather than proceeding arbitrarily and irrationally,” the judge noted.
Moyo was the Local Government Minister during the time of the withdrawal of the offer. He was later reassigned by President Emmerson Mnangagwa to the Ministry of Public Service.
