THE Kelly family has vowed to take its battle for Chewore Safaris to the Constitutional Court (ConCourt) after losing an appeal at the Supreme Court.
The ruling upholds a High Court decision to invalidate the family's 25-year lease agreement with the Zimbabwe National Parks and Wildlife Management Authority (ZimParks).
“We are extremely saddened that the courts could come to this, extremely saddened. However, we are not surrendering,” said Terry Kelly, the 73-year-old owner of Chewore Lodge and Campsite.
“This does not mean the end of it yet. There is a Constitutional Court.”
Kelly, who claims to have invested millions of dollars into the property, insists he holds a valid agreement.
He cited a report from a senior South African graphologist verifying the signature of former Environment, Climate and Wildlife minister Oppah Muchinguri-Kashiri.
He is seeking advice from a senior counsel to mount a constitutional challenge, labelling the Supreme Court ruling a “travesty of justice”.
“It truly is. We have an agreement signed,” Kelly said.“No witnesses are called in those declaratory hearings, just a talk show between advocates and the judges listening.
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“It is to me a travesty of justice. That is an illusion of justice, a talk show.”
Facing potential eviction, the family is exploring compensation options through discussions with ZimParks.
“We have begun talks with parks, willing to offer something in compensation for what we would lose, should we lose, which we do not think we will,” Kelly added.
The emotional toll of the 15-year legal battle was voiced by Kelly’s daughter, Laura, in a social media post.
“I think back on all we have gone through, particularly my dad, Terry — Sometimes it’s like a bad dream,” she wrote on the Chewore Lodge and Campsite Facebook page.
She detailed a series of hardships the family endured, including being illegally shut down, an encounter with armed rangers at the camp, facing false charges and her father’s brief abduction and detainment.
“We are now making our way to the Constitutional Court of Zimbabwe seeking justice.”
The case has garnered attention within Zimbabwe’s business and tourism sectors, raising questions about the security of lease agreements and investor protection.
A wave of public support has followed the family throughout its ordeal.
“We’re grateful for the support of all Zimbabweans,” Kelly said, as the family prepares for the next stage of the legal battle.
