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Harare High Court

BONNYVIEW ESTATES PRIVATE LIMITED versus ZIMBABWE PLATINUM MINES PRIVATE LIMITED and MINISTER OF LANDS AND RURAL RESETTLEMENT

HH 386-17

Case Details

Court
Harare High Court
Date
21 June 2017
Citation
HH 386-17
Neutral Citation
[2017] ZWHH 386
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Property LawConstitutional LawMining LawLand Rights
Keywords
Locus standiCompulsory acquisitionServitudeMining leaseConstitutional Amendment 17
Tags
Land acquisitionServitudeMining rightsConstitutional law
legislation
Statutes Cited
  • Land Acquisition Act
  • Constitution of Zimbabwe Amendment No. 17 Act of 2005
  • Mines and Minerals Act [Chapter 21:05]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has locus standi in judicio to bring these proceedings against the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Farm acquisition by State, constitutional vesting of rights"}
  • {"issue_text":"Whether the land in issue was acquired by the State in terms of the Land Acquisition Act, and the effect of Amendment number 17 of 2005 on the rights and obligations of the parties","issue_type":"constitutional","dispositive":"yes","related_facts":"2004 acquisition order, 2005 constitutional amendment"}
  • {"issue_text":"Whether acquisition alienated any and all ownership rights in the land from the applicant","issue_type":"law","dispositive":"yes","related_facts":"Constitutional vesting, alienation of rights"}
  • {"issue_text":"Whether the respondent is obliged to pay rental to the applicant","issue_type":"law","dispositive":"yes","related_facts":"Lease expiry, State ownership of land"}
  • {"issue_text":"Whether applicant has been paid in full and final settlement of all the respondent's obligations","issue_type":"fact","dispositive":"yes","related_facts":"Payment of USD$4 million for servitude, USD$89,000 for lease rentals"}
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background
Facts of the Case

Background

Applicant BONNYVIEW ESTATES PRIVATE LIMITED, owner of Bulfield Farm (1223.1078 hectares), entered into lease agreements and a servitude deed with mining companies (BHP, Hartley Platinum Mines) for platinum mining operations. The farm was compulsorily acquired by the State in 2004 and further vested in the State under Constitutional Amendment 17 in 2005. Applicant seeks declaratory relief that it is entitled to benefits from respondent's occupation and payment of costs.
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