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Supreme Court
Frances Bowers & Bernadette Costas v The Minister of Lands, Agriculture, Water, Fisheries and Rural Resettlement N.O. & 7 Ors
SC 15/25
Case Details
Court
Supreme Court
Date
19 June 2024
Citation
SC 15/25
Neutral Citation
[2025] ZWSC 15
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Uchena JA
Full Bench
Mavangira JAUchena JAChatukuta JA
Areas of Law
Constitutional lawProperty lawAdministrative law
Keywords
Land reformSection 16BJurisdictionIndigenous farmersCompensation
Tags
Land acquisitionConstitutional challengeAgricultural landIndigenous ownership
legislation
Statutes Cited
- Constitution of Zimbabwe 1980 (as amended by the 17th Amendment, 2005)
- Constitution of Zimbabwe 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in declining to exercise jurisdiction over the application","issue_type":"procedural","dispositive":"yes","related_facts":"Section 16B(3) ouster clause applies to all persons"}
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background
Facts of the Case
Background
The appellants, indigenous Zimbabwean farmers, sought to challenge the acquisition of their farm Mnyami Farm subdivisions J and K under the land reform programme. The Land Commission had recommended delisting and withdrawal of offer letters, but the Minister failed to implement this. The High Court declined jurisdiction citing section 16B(3) constitutional ouster clause.
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