HARARE – More than 30 former Members of Parliament, spanning both Zanu PF and opposition parties, are locked in a legal battle with the government after their residential stands were expropriated and handed over to businessman Conrad Billy Rautenbach.
The former legislators, who served between 2013 and 2018, have lodged summons at the High Court, seeking a court order to reverse Local Government Minister Daniel Garwe’s seizure of their land.
Among the ex-lawmakers affected are prominent figures such as Fortune Chasi, Theresa Makone, Jessie Majome, Webster Maondera, and Temba Mliswa. As part of their remuneration for serving the nation, these individuals were allocated residential stands in Goromonzi, Mashonaland East province.
However, the lawmakers were shocked to discover that their land had been reallocated to Rautenbach, a controversial businessman with alleged ties to Zanu PF. The reallocation, orchestrated by the Local Government ministry, occurred without their knowledge or consent, raising serious questions about transparency and fairness.
The ex-MPs argue that the government’s actions violate their constitutional right to property and amount to expropriation without compensation. They are now seeking legal recourse to reclaim their land and prevent any further alienation.
In their summons, filed by Chasi Maguwedze Legal Practitioners, the former MPs assert that they have “no other satisfactory remedy” than to approach the High Court for assistance.
“The balance of convenience favour that the relief sought be granted rather than wait for transfer to be effected and expressed in title deeds, which will be very difficult to reverse,” the summons reads.
The respondents in the case include Minister Garwe, the surveyor general, Speaker of Parliament Jacob Mudenda, Rautenbach, and the Registrar of Deeds.
According to the summons, the residential stands in question are located in the township of Stuhm, Goromonzi district, and include stands 1155, 1156, 1158, 1382, 1390, 1179, 1173, 1415, 1181, 1407, 1453, 1193, 1229, 1231, 1232 31250, 1254, 1397, 1262, 1216, 1275, 1280, 1293, 1294, 1297, 1307/1213, 1357, 1332, 1334, 1340, and 1341.
The summons further states that “written agreements were executed to that effect” and that these agreements “are still extant and have not been set aside.” The ex-legislators also claim that they have “duly complied with all the material terms of the agreements in question.”
The former MPs are seeking a court order declaring their offer letters valid and affirming the validity of the lease agreements between them and the Local Government ministry. They are also seeking “consequential relief to the effect that the defendants shall not alienate in any manner such land as is leased to the plaintiffs without a court order or consent of the plaintiffs.” They are also seeking costs of the suit against any party that contests it.
This is not the first time Rautenbach has been embroiled in land disputes. He is currently at the centre of another controversy at Springs Farm in Goromonzi, where productive local farmers, including war veterans, are facing eviction to make way for his urban development project.
It is alleged that the government ordered the eviction of these farmers to compensate Rautenbach for land he purportedly lost in Harare. This alleged loss stems from a failed attempt by Rautenbach to evict residents, identified as Zanu-PF supporters, from Aspindale Park.
A letter dated March 14, 2025, from Minister Garwe to Rautenbach’s Marimba Residential Properties Limited, confirms the government’s offer of over 1,000 hectares of land to the businessman.
“The Ministry of Local Government and Public Works is pleased to offer you Subdivision B of Springs measuring 671 7604 hectares and remainder of Lot 2 of Stuhm inclusive of Lot 1 of Lot 2 of Stuhm and Lot 2 of Lot 2 of Stuhm measuring collectively 412,1091 hectares,” the letter reads.
The letter further states that “This offer forms as the total and final compensation for Stand 48 Aspindale Park Township of Subdivision A of Aspindale Park of Subdivision A and B of Lochnivar measuring 100,01 hectares and the Remaining Extent of Salisbury Park of Lochinvar measuring 80,7875 hectares which the Government allocated to housing cooperatives.”
The ministry has pledged to “facilitate title deeds processing once you accept the offer” and expects “simultaneous transfer of your properties to the State in order to bring the compensation issue to finality.”
Adding another layer of complexity to the situation, a High Court ruling on March 25, 2019, revealed that Rautenbach’s companies, Marimba Residential Properties and Marimba Industrial Properties, were not registered with the Registrar of Companies at the time they claimed title over the land in June 2018.
The legal battle between the former MPs and the government is likely to be a protracted one, with significant implications for property rights and the rule of law in Zimbabwe. The outcome of the case will be closely watched by landowners, legal experts, and the general public alike.
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