Mashwede Returns to High Court In a Bid to Reclaim Golf Course From Air Force

Falcon Golf Club trustee Alex Elias Mashamhanda has returned to the High Court in a renewed two-pronged legal assault to reclaim the Manyame golf course from the Air Force of Zimbabwe, after what the club describes as a forceful and unlawful takeover last month.

In two fresh applications filed on 6 October 2026 under Case Numbers HCH5010/26 and HCH5002/26, Mashamhanda, through Takaindisa Law Chambers, is seeking both immediate restoration of the club’s premises and a review of the Statutory Instrument that declared the land a military cantonment.

The long-running dispute over the Falcon Golf Club in Manyame has returned to the High Court, with the club filing two separate but linked applications on 6 October 2026 seeking to reverse what it terms a “hostile takeover” of its premises by the Air Force of Zimbabwe.

The applications, filed by Takaindisa Law Chambers on behalf of Falcon Golf Club and its trustee Alex Elias Mashamhanda, come just 12 days after the club withdrew an earlier urgent chamber application before a three-judge panel.

According to court papers seen by this publication, the matter is now proceeding on two fronts.

Also Read: “We should never be surprised”: David Coltart reacts to Tendai Masotsha’s Zanu-PF return

1. Spoliation – Case HCH5010/26

In the first application for spoliatory relief in terms of common law and Rule 59 of the High Court Rules, 2021, Falcon Golf Club cites the Minister of Defence and the Commander of the Air Force of Zimbabwe as respondents.

The club alleges it was in “peaceful and undisturbed possession” of the Falcon Golf Club house, golfing premises and other amenities under a lease agreement with the City of Harare, having made substantial payments and developments on the property.

It claims that between 5 September and 12 September 2026, personnel from the Air Force of Zimbabwe unlawfully took possession of the property without a court order.

The founding affidavit states that attempts to de-escalate and secure a meeting with the 1st and 2nd respondents proved futile. The affidavit further alleges that on the morning of 12 September 2026, the 2nd respondent proceeded to host the Zimbabwe Inter-Service Golf Team Championship on the premises, during which Falcon members were denied entry. On the same occasion, a plaque was unveiled purportedly officially opening the “Airforce Falcon Golf Club”.

“The actions of the 2nd and 3rd respondent smack of a brazen hostile takeover,” the affidavit reads, adding that assertion of cantonment or ownership rights cannot elevate into a right to evict in the absence of a court order.

The club, which attached its constitution, lease agreement, photos of the property and copies of the programme and plaque as annexures, says it holds an improvement lien should ownership ultimately vest elsewhere.

2. Review – Case HCH5002/26

The second application, filed as HCH5002/26 in terms of Section 27 of the High Court Act and Rule 62, directly challenges the legal foundation of the takeover.

Falcon is seeking a review and setting aside of the declaration of a cantonment on the land in question through Statutory Instrument 28 of 2026, gazetted on 13 February 2026 in terms of the Defence Act [Chapter 11:02].

The club argues the declaration is tainted by gross irregularity and illegality. Its core contention is that the Minister acted outside his powers and failed to follow mandatory due process by not giving prior written notice to Falcon, despite the club’s open and long-standing occupation of the land leased from the City of Harare.

Documents attached to the review include SI 210/2025, SI 28/2026, a Regional Town and Country Planning Notice, an Air Force public notice, a Ministry of Local Government letter of withdrawal, and correspondence between the Air Force and both the Zimbabwe Golf Association and the club’s chairman.

What happens now

The two applications mark a procedural reset.

The earlier urgent case, HCH4662/26, was withdrawn by consent on 24 September 2026 before Justices Kwenda, Musariri and Manhiri, with each party bearing its own costs. The notice of withdrawal filed as Annexure F17 indicates the withdrawal was to cure procedural defects.

With the new filings dated 6 October 2026, the respondents – the Minister of Defence and the Commander of the Air Force – have ten days from service to file notices of opposition in terms of Form No. 24, together with opposing affidavits.

If no opposition is filed, the matters will be set down as unopposed.

If opposed, the High Court will have to determine two threshold issues that have implications beyond Falcon: first, whether self-help eviction without a court order is permissible even where cantonment is asserted; and second, whether the declaration of a cantonment under SI 28/2026 complied with the audi alteram partem rule and the Defence Act.

For Mashamhanda and the generality of Falcon Golf Club members, the immediate relief sought is restoration of possession pending final determination of rights – a principle that has long protected occupiers against extra-judicial dispossession.

The Ministry of Defence and Air Force Headquarters at KG VI Barracks had not filed opposing papers as of the time of filing.

The post Mashwede Returns to High Court In a Bid to Reclaim Golf Course From Air Force appeared first on iHarare News.