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High Court evicts safari operator, nullifies 25-year lease due to legal deficiencies

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The High Court of Zimbabwe has invalidated a long-standing lease agreement between the Zimbabwe Parks and Wildlife Management Authority (ZimParks) and a safari operator, Suscaden Investments (Private) Limited, trading as Chewore Lodge and Campsite, citing legal deficiencies in the arrangement.

The decision prohibits the operator from conducting tourism activities in the area located at the confluence of the Zambezi and Chewore rivers, on the border of the famed Chewore North Safari area, a UNESCO World Heritage site, and mandates their eviction within ninety (90) days of the order.

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The ruling, issued on March 21, 2025, under case number HH192-25, follows a legal challenge brought by ZimParks and the Minister of Environment, Climate and Wildlife.

According to the court order, the 25-year lease agreement was deemed invalid from its inception (“ab initio”). Consequently, Suscaden Investments has been prohibited from conducting any fishing, game viewing, or photographic safaris within the Chewore North Safari Area.

Justice Tawanda Chitapi, further ordered Suscaden Investments to vacate the area they currently occupy within the Chewore North Safari Area within ninety (90) days of the order, setting a deadline of June 19, 2025.

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The order also stipulates that should Suscaden fail to comply, the Sheriff of the High Court is authorized to carry out an eviction.

The legal action to nullify the agreement was initiated by the then Minister of Environment, Climate and Wildlife, Mangaliso Ndlovu, and ZimParks.

The court found that the 2017 lease agreement, under which Suscaden had been operating, was legally flawed due to the absence of the parent Ministry’s concurrence, a requirement under the relevant legislation.

Justice Chitapi also noted that the 25-year duration of the lease exceeded the legally permissible 20-year limit.

In his judgment, Justice Chitapi cited that the lack of the Minister’s signature or explicit acceptance of the agreement rendered it invalid.

He stated that ZimParks’ operational actions based on the agreement, including the collection of rentals, did not legitimise the defective arrangement, as there was no evidence of the Minister’s involvement in the agreement’s negotiation or settlement.

Should Suscaden fail to vacate as ordered by the court, “the Sheriff be and is thereby ordered to evict Suscaden from the area it occupies”.

ZimParks spokesperson Tinashe Farawo has issued a public statement notifying stakeholders of the High Court’s decision and advising them to make necessary alternative arrangements.

“Members of the public are hereby duly notified of the High Court’s order and are kindly requested to be guided accordingly and, where necessary, to make alternative arrangements,” Farawo stated.

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