Rutendo Ngara
SAFARI operator Suscaden Investments (Suscaden) has launched a Supreme Court appeal against a High Court order to cancel its 25 year lease agreement with the Zimbabwe Parks and Wildlife Authority (ZimParks).
This comes as the private concessionaire’s managing director William Kelly was recently acquitted of theft charges over a US$40 hunting camera and the Chewore North fishing camp operator has been battling the parks, and a rival investor Big Five Safaris for years.
“The court… grossly misdirected itself in failing to find that the second respondent (ex-Environment minister Oppah Muchinguri-Kashiri) had signed the lease agreement (and) procured by the first respondent through its normal channels,” Suscaden said in its Supreme Court appeal and noting Justice Tawanda Chitapi’s finding to the contrary was erroneous.
“The court a quo (also) misdirected itself in dismissing the evidence of one (George) Manyumwa… that he had received the lease agreement bearing the minister’s signature through the usual channels and instructed that it be handed to the appellant after payment of the annual fees,” it said.
While Chitapi had ruled that Suscaden’s 2017 agreement was defective, violated the 20 year lease threshold and the entity must immediately stop its business activities, the development came after the Kelly-led company had been given extra land under a deed of settlement with ZimParks and a 2017 board resolution had categorically stated that Big Five’s lease to certain parts of the disputed estate was non-renewable.
And the applicant is further arguing that the court had misdirected itself by “failing to sanction or censure Muchinguri-Kashiri’s failure to testify and avail herself for cross-examination after hearing Manyumwa’s evidence that he was convinced the minister had signed” – as she had done in previous circumstances.
“The court a quo erred… in placing the onus on the appellant to show that the second respondent (Environment ministry) had signed the lease (when it should be the first and second applicants’s responsibility to ensure all those things),” Suscaden further stated in its founding affidavit.
By virtue of this Chitapi ruling or interdict, Suscaden has suspended its fishing, game viewing ane photographic safari activities in the nothern Zimbabwe area known as Chewore Lodge and Campsite. Meanwhile, Kelly has not only expressed regret over his business – which he has operated for over 15 years and under two successive leases – but remains upbeat and hopeful that the hurdles, including legal action, shall be cleared or resolved.
“We find the judgment to be completely ill-considered, given our longstanding presence, legal agreements, and unwavering commitment to the area,” he said in a statement, adding “we wish to unequivocally state that the lease was valid and stakeholders were encouraged to remain steadfast”.
“This lease has been examined by an expert graphologist who… confirmed the (minister’s) signature… to be genuine. “However, we emphasize our commitment to protecting the interests of our business, clients… the tourism industry and trust that the Supreme Court will deliver a fair, and just outcome,” Kelly said.
