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Robert Mugabe To Reportedly Give State House To grandson

President Robert Mugabe—who by a legal technicality is now the legal owner of the State House in Harare—can give it to anyone, including his newly-born grandson, Simbanashe.

By virtue of being a tenant at State House continuously for more than 30 years, the State House became his by virtue of prescription in 2010. The Prescription Act (Chapter 8:11) gives anyone who has held open possession of a property or asset for three decades incontestable right to own it permanently.

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“This Act shall bind the State (Sect. 3). Subject to provisions of Part II and Part V, a person shall by prescription become the owner of a thing which he has possessed openly and as if he were the owner thereof for: (a) an uninterrupted period of thirty years; or (b) a period which, together with any periods for which such thing was so possessed by his predecessors in title, constitutes an uninterrupted period of thirty years,” reads the Act. It is through this law that makes the State House President Mugabe’s personal property, which means he can give it away to anyone he chooses. In the event that he looses future elections, no one can legally evict him from State House, as it is now his private property.

In pleading ownership by prescription, people always raise issues like emotional attachment to the assets, and in the case of President Mugabe, he has no other home that he has known in over 36 years and all his children were born there therefore suddenly uprooting them from the property would constitute a gross violation of human rights.

This law has been applied several times by the courts in disputes involving ownership of properties.

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Written by How Africa

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