Benias Yoramu & 45 Ors v The Prosecutor General

[2016] ZWCCZ 2

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Case Details

Court

Constitutional Court

Date

21 January 2016

Citation

[2016] ZWCCZ 2

Judgment No.

CCZ 2/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIDYAUSIKU CJ

Author

GARWE JCC

Full Bench

CHIDYAUSIKU CJMALABA DCJZIYAMBI JCCGWAUNZA JCCGARWE JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCMAVANGIRA AJCC

Areas of Law

Constitutional lawLabour lawLand law

Keywords

gazetted landfarm workersconstitutional rightsland acquisitionemployment transfer

Key Issues

{"issue_text":"Whether the prosecution of the applicants under the Gazetted Lands Act raises a constitutional issue","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants charged under s 3 (2) (a) of Gazetted Lands Act, claimed employment transfer"}
{"issue_text":"Whether the facts alleged disclose a criminal offence","issue_type":"mixed","dispositive":"no","related_facts":"Applicants continued occupation without lawful authority"}
{"issue_text":"Whether the applicants remain employees of the new beneficiaries","issue_type":"law","dispositive":"no","related_facts":"Applicants claimed employment transfer under Labour Act"}

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background

Facts of the Case

Background

The applicants, former farm workers employed by Archie Black on Mgutu of Great B Farm, Mazowe, remained on the farm after it was acquired by the State in 2000 under the land reform programme. They were charged with contravening the Gazetted Lands Act for continuing to occupy the farm without lawful authority, and sought constitutional referral claiming their employment contracts had been transferred to the new beneficiaries.

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