Nhema/Mpofu Clash Over Hunting Permits

Zimbabwe Independet (Harare)

February 27, 2004

Blessing Zulu

ENVIRONMENT minister Francis Nhema and Matabelaland North governor Obert Mpofu are set on a collision course over land use on properties acquired by the governor, the Zimbabwe Independent has established.

Nhema and Mpofu are at loggerheads over hunting concessions at Sikumi in Dete, which are under Mpofu's control.

Documents in our possession show that the Parks and Wildlife Management Authority banned hunting on two properties acquired by Mpofu under the fast track land reform exercise.

The directive was made by Parks director-general Misheck Mutsambiwa, who ordered Mpofu and other settlers to stop all hunting activities.

"I have studied the report by the officers we dispatched to Matabeleland North to assess the situation regarding hunting in the Sikumi Forest/Railway Farms 31-41 complex," said Mutsambiwa in a letter to Parks board chairman Buzwani Mothobi.

"Given the issues raised about the range of the 'Presidential Herd of Elephants' and the location of lodges within and around Farms 39 to 41 I fully concur with the recommendation made by our officers that hunting should be banned on those farms," he said.

The order to impose a ban was approved by Nhema and Mothobi.

Nhema said the ban should remain in force until further notice.

But Mpofu's lawyers are challenging hunting restrictions on Subdivision 1 of Railway Farms 40 and 41 controlled by Mpofu and Trebo & Kays (Pvt) Ltd.

The lawyers, Cheda & Partners, in a letter to Mothobi and copied to Nhema and Agriculture minister Joseph Made on January 7, said the ban could not stand in the absence of a statutory instrument by Nhema.

"To date no statutory instrument is in place and your verbal decision to deny our clients a quota and permit to hunt in the area has no force of law and is void as such," the lawyers said.

"Your decision to enforce the ban by 'non-issuance of hunting quotas and permit for the three properties' amounts to a usurpation of the minister's function as stated in the Act. you have already made a decision for the minister and acted in his position without his tacit or overt authorisation," said the lawyers.

Mothobi said until the statutory instrument was in place the ban would be enforced by the non-issuance of hunting quotas and permits.

Mpofu's lawyers said Farm 41 could continue to be used for photographic safaris but insisted Farm 40 should be issued with a quota and hunting permit as it could not be used for photographic safaris.]

"If you insist that Farm 40 should be used for photographic safaris then the land may as well be considered derelict because it has never been and is not suitable for photographic safaris," the lawyers said.

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