Mashamhanda Sues Air Force Falcon Golf Club: Seeks Urgent Restoration

• Businessman Alex Elias Mashamhanda has filed an urgent High Court application against the Air Force of Zimbabwe over the alleged forceful takeover of Falcon Golf Club.
• Mashamhanda claims Air Force personnel invaded the club, removed fixtures, and began repainting buildings in military colors without permission.
• The club holds a valid lease with the City of Harare until 2070 and has invested over US$2 million in improvements.
• The dispute intensified after the Defence Ministry gazetted Statutory Instrument 210 of 2025, placing the land under military control, which the club argues does not terminate its lease.
• Mashamhanda seeks restoration of the club's possession, arguing the military cannot bypass due legal process to seize property.

Mashamhanda contends that the military lacks the authority to simply occupy property without first securing a court order.

Prominent businessman Alex Elias Mashamhanda has initiated legal proceedings against the Air Force of Zimbabwe, alleging a forceful seizure of the Falcon Golf Club in Harare. As a trustee of the club, Mashamhanda has filed an urgent chamber application with the High Court, seeking the immediate restoration of the club's possession following what he describes as a "brazen hostile takeover" by military personnel.

The alleged incident began on September 5, when two Air Force Group Captains, identified as Kereke and Dube, reportedly entered the club premises without authorization. According to Mashamhanda's affidavit, these officers proceeded to remove doors and ceilings and commenced repainting buildings in military colors. Club employees were informed that the Air Force was assuming control of both the premises and the club's assets. Mashamhanda contends that the military lacks the authority to simply occupy property without first securing a court order.

The dispute escalated further on September 12, when the Air Force hosted the Zimbabwe Inter-Service Golf Team Championship at the facility. During this event, attended by representatives from various Zimbabwean defence and security services, club members were reportedly denied access to the clubhouse and other amenities. The Air Force Commander delivered the keynote address, after which the facility was purportedly inaugurated as the "Airforce Falcon Golf Club," a move Mashamhanda described as adding insult to injury. He maintains that the club never voluntarily relinquished its property or the significant improvements made to it.

In his Alex Elias Mashamhanda lawsuit, the Minister of Defence, the Commander of the Air Force of Zimbabwe, and the Air Force itself have been cited as respondents. The club's legal team had reportedly been attempting to engage with Air Force leadership to find an amicable resolution, but these efforts were allegedly preempted by the military's intensified actions, which Mashamhanda characterizes as spoliation.

At the heart of this Air Force of Zimbabwe property dispute is the Falcon Golf Club's long-standing lease agreement with the City of Harare, which dates back to June 1971 and remains valid until June 29, 2070. Under the terms of this lease, the club undertook extensive development, transforming the property into a fully functional golf course, complete with a clubhouse, a manager's residence, and various other essential amenities. The estimated value of these improvements exceeds US$2 million, with a formal valuation currently underway.

The legal landscape surrounding the property shifted with the gazetting of Statutory Instrument 210 of 2025 by the Ministry of Defence. This instrument designated the land in question as a cantonment, placing it under the control of the Zimbabwe Defence Forces. However, the Falcon Golf Club firmly argues that this statutory instrument does not automatically terminate its existing lease agreement, nor does it constitute a court-sanctioned eviction. Despite receiving notices related to the cantonment, the club asserts that it maintained peaceful possession of the premises until the alleged takeover in September.

The urgent chamber application filed by Mashamhanda sues Air Force Falcon Golf Club, specifically seeking an order for the restoration of possession of the golf course, clubhouse, employee housing, and all other amenities. This legal challenge, a Zimbabwe urgent chamber application, underscores the club's position that its peaceful occupation was unlawfully disrupted. Mashamhanda's affidavit emphasizes that the military's claim to ownership of the land does not grant it the right to remove a party in peaceful possession without adhering to established legal procedures.

The club's legal strategy hinges on the principle that even if a party claims ownership, they cannot bypass due process to take control of property. The alleged Falcon Golf Club spoliation, involving the removal of fixtures and repainting, is presented as a clear violation of the club's rights as a lawful occupier. The High Court's decision in this matter will be crucial in determining the limits of state authority when invoking statutory instruments like the Statutory Instrument 210 of 2025 challenge, particularly concerning existing property rights and the requirement for due legal process.

This high-profile case highlights critical questions regarding due process and property rights within Zimbabwe, particularly when state entities are involved. The allegations of a military takeover without a court order, despite a valid lease agreement and significant private investment, raise concerns about the rule of law and the protection of private property against state actions. The outcome of Mashamhanda's urgent chamber application will set an important precedent for how disputes between private entities and state-backed institutions are handled, especially when statutory instruments are invoked.

The High Court's ruling will be closely watched by legal practitioners and property owners alike, as it will clarify the extent to which military authority can supersede civilian property rights and whether the state can bypass established legal channels for eviction or acquisition. This case serves as a significant test of the judiciary's role in upholding constitutional principles against potential overreach by government or military bodies.

This case highlights the critical importance of due process and property rights in Zimbabwe, particularly when state entities invoke statutory instruments to assert control. Lawyers should monitor the High Court's ruling on the alleged spoliation to understand the precedent for challenging state-backed property takeovers and the limits of military authority over civilian property.

Source: Original reporting via NewZimbabwe.com