LPGA Tour
Falcon Golf Club trustee Alex Elias Mashamhanda has actually gone back to the High Court in a restored two-pronged legal attack to recover the Manyame golf course from the Air Force of Zimbabwe, after what the club refers to as a powerful and illegal takeover last month.
In 2 fresh applications submitted on 6 October 2026 under Case Numbers HCH5010/26 and HCH5002/26, Mashamhanda, through Takaindisa Law Chambers, is looking for both instant remediation of the club’s facilities and an evaluation of the Statutory Instrument that stated the land a military cantonment.
The long-running conflict over the Falcon Golf Club in Manyame has actually gone back to the High Court, with the club filing 2 different however connected applications on 6 October 2026 looking for to reverse what it terms a “hostile takeover” of its properties by the Air Force of Zimbabwe.
The applications, submitted by Takaindisa Law Chambers on behalf of Falcon Golf Club and its trustee Alex Elias Mashamhanda, come simply 12 days after the club withdrew an earlier immediate chamber application before a three-judge panel.
According to court documents seen by this publication, the matter is now continuing on 2 fronts.
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LPGA Tour 1. Spoliation– Case HCH5010/26
In the very first application for spoliatory relief in regards to typical law and Rule 59 of the High Court Rules, 2021, Falcon Golf Club points out the Minister of Defence and the Commander of the Air Force of Zimbabwe as participants.
The club declares it remained in “tranquil and undisturbed belongings” of the Falcon Golf Club home, playing golf properties and other features under a lease arrangement with the City of Harare, having actually made considerable payments and advancements on the residential or commercial property.
It declares that in between 5 September and 12 September 2026, workers from the Air Force of Zimbabwe unlawfully acquired the home without a court order.
The starting affidavit states that tries to de-escalate and protect a conference with the 1st and 2nd participants showed useless. The affidavit even more declares that on the early morning of 12 September 2026, the 2nd participant continued to host the Zimbabwe Inter-Service Golf Team Championship on the properties, throughout which Falcon members were rejected entry. On the exact same celebration, a plaque was revealed supposedly formally opening the “Airforce Falcon Golf Club”.
The actions of the 2nd and 3rd participant resemble a brazen hostile takeover,” the affidavit checks out, including that assertion of cantonment or ownership rights can not raise into a right to force out in the lack of a court order.
The club, which connected its constitution, lease arrangement, images of the home and copies of the program and plaque as annexures, states it holds an enhancement lien need to ownership eventually vest somewhere else.
LPGA Tour 2. Evaluation– Case HCH5002/26
The 2nd application, submitted as HCH5002/26 in regards to Section 27 of the High Court Act and Rule 62, straight challenges the legal structure of the takeover.
Falcon is looking for an evaluation and reserving of the statement of a cantonment on the land in concern through Statutory Instrument 28 of 2026, gazetted on 13 February 2026 in regards to the Defence Act [Chapter 11:02]
The club argues the statement is polluted by gross abnormality and illegality. Its core contention is that the Minister acted outside his powers and stopped working to follow obligatory due procedure by not offering prior composed notification to Falcon, regardless of the club’s open and enduring profession of the land rented from the City of Harare.
Files connected to the evaluation consist of SI 210/2025, SI 28/2026, a Regional Town and Country Planning Notice, an Air Force public notification, a Ministry of Local Government letter of withdrawal, and correspondence in between the Air Force and both the Zimbabwe Golf Association and the club’s chairman.
LPGA Tour What takes place now
The 2 applications mark a procedural reset.
The earlier immediate case, HCH4662/26, was withdrawn by approval on 24 September 2026 before Justices Kwenda, Musariri and Manhiri, with each celebration bearing its own expenses. The notification of withdrawal submitted as Annexure F17 suggests the withdrawal was to treat procedural problems.
With the brand-new filings dated 6 October 2026, the participants– the Minister of Defence and the Commander of the Air Force– have 10 days from service to submit notifications of opposition in regards to Form No. 24, together with opposing affidavits.
If no opposition is submitted, the matters will be set down as unopposed.
If opposed, the High Court will need to figure out 2 threshold concerns that have ramifications beyond Falcon: initially, whether self-help expulsion without a court order is acceptable even where cantonment is asserted; and 2nd, whether the statement of a cantonment under SI 28/2026 abided by the audi alteram partem guideline and the Defence Act.
For Mashamhanda and the generality of Falcon Golf Club members, the instant relief looked for is repair of belongings pending last decision of rights– a concept that has actually long safeguarded occupiers versus extra-judicial dispossession.
The Ministry of Defence and Air Force Headquarters at KG VI Barracks had actually not submitted opposing documents since the time of filing.
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