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Harare High Court
M.P KRUGER (PRIVATE) LIMITED and DR MUNYARADZI KEREKE versus THE MINISTER OF LANDS, AGRICULTURE, WATER AND RURAL RESETTLEMENT N.O and SECOND TO SIXTY-SEVEN RESPONDENTS NAMED IN THE SCHEDULE ATTACHED TO THE NOTICE OF APPLICATION
HH 462-23
Case Details
Court
Harare High Court
Date
27 July 2023
Citation
HH 462-23
Neutral Citation
[2023] ZWHH 462
Outcome
unknown
Case Type
Application
Bench
Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Administrative lawConstitutional lawLand law
Keywords
Compulsory acquisitionIndigenous ZimbabweanSection 72 ConstitutionLand reform programmeAgricultural land
Tags
Land reformConstitutional reviewAgricultural land acquisitionIndigenous ownership
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- High Court Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction to review compulsory acquisition of agricultural land from indigenous Zimbabweans under section 72 of the Constitution","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Land owned by indigenous Zimbabwean acquired for settlement"}
- {"issue_text":"Whether indigenous ownership exempts agricultural land from compulsory acquisition under the land reform programme","issue_type":"constitutional","dispositive":"no","related_facts":"Second applicant is indigenous Zimbabwean"}
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background
Facts of the Case
Background
The applicants challenged the compulsory acquisition of their farm by the State for agricultural settlement purposes, arguing that as indigenous Zimbabweans their land could not be acquired under the Constitution's land reform provisions. The first respondent raised preliminary points on jurisdiction and locus standi.
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