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Supreme Court

Clovet Consultancy (Private) Limited & Anor v Minister of Lands and Rural Resettlement & Anor

[2020] ZWSC 60

Case Details

Court
Supreme Court
Date
18 May 2020
Citation
[2020] ZWSC 60
Judgment No.
SC 60/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza DCJ
Author
Makarau JA
Full Bench
Gwaunza DCJMakarau JAGuvava JA
Areas of Law
Administrative lawConstitutional lawProperty law
Keywords
Land reformAgricultural land acquisitionSection 72 ConstitutionJudicial review grounds
Tags
Land acquisitionJudicial reviewConstitutional interpretation
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the decision to acquire agricultural land under section 72 is subject to judicial review","issue_type":"constitutional","dispositive":"no","related_facts":"Minister's acquisition of farm under section 72"}
  • {"issue_text":"Whether the appellants adduced sufficient evidence of illegality in the acquisition","issue_type":"factual","dispositive":"yes","related_facts":"Allegations of unlawful action and favoritism"}
  • {"issue_text":"Whether the acquisition was irrational or unreasonable","issue_type":"factual","dispositive":"yes","related_facts":"Decision to acquire after farm identified for resettlement"}
  • {"issue_text":"Whether procedural fairness required prior notice under section 72","issue_type":"procedural","dispositive":"no","related_facts":"No prior notice given to appellants before acquisition"}
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background
Facts of the Case

Background

The appellants owned a farm (Subdivision C of Elvington) through their company. In 2013, the Minister offered it for resettlement believing it was state land. After discovering it wasn't lawfully acquired, the Minister published an acquisition notice in January 2015 and re-allocated it to the second respondent and others. The appellants sought judicial review alleging illegality and unfairness.
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