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Harare High Court
Livison Chikutu & Ors v Minister of Lands, Agriculture, Water, Climate & Rural Resetttlement & Ors
HH 02-22
Case Details
Court
Harare High Court
Date
5 January 2022
Citation
HH 02-22
Neutral Citation
[2022] ZWHH 02
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Constitutional LawLand LawIndigenous Rights
Keywords
communal landconstitutional rightsindigenous communityland ownershipvesting of land
Tags
communal land rightsindigenous peoplesconstitutional challengeland tenure
legislation
Statutes Cited
- Communal Land Act
- Communal Land Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Tribal Trust Land Act, 1979
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sections 4 and 6(1)(b) of the Communal Land Act violate constitutional rights to property, dignity, culture and equal protection","issue_type":"constitutional","dispositive":"yes","related_facts":"Vesting of communal land in President, power to excise communal land"}
- {"issue_text":"Whether the court should declare unconstitutional provisions with colonial racist origins","issue_type":"constitutional","dispositive":"no","related_facts":"Historical context of communal land legislation"}
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background
Facts of the Case
Background
Hlengwe Shangaani community members challenged sections 4 and 6(1)(b) of the Communal Land Act, which vest communal land in the President and allow excision of communal land, arguing these provisions violate their constitutional rights to property, dignity, culture and equal protection.
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