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Constitutional Court

Margaret Zinyemba v The Minister of Lands and Rural Resettlement & Yakub Mohamed

[2016] ZWCCZ 3

Case Details

Court
Constitutional Court
Date
24 June 2016
Citation
[2016] ZWCCZ 3
Judgment No.
CCZ 3/2016
Outcome
unknown
Case Type
Application

Bench

Presiding
Chidyausiku CJ
Author
Malaba DCJ
Full Bench
Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlathswayo JCCGuvava JCCMavangira JCC
Areas of Law
Constitutional LawAdministrative LawLand Law
Keywords
administrative conductoffer letter withdrawalright to be heardagricultural land allocationconstitutional application
Tags
administrative justiceland reformconstitutional rightsagricultural land
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Administrative Justice Act
  • Constitution of the Republic of South Africa 1996
  • Promotion of Administrative Justice Act No. 3 of 2000 (South Africa)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Constitutional Court has jurisdiction to hear an administrative justice complaint when the Administrative Justice Act provides adequate remedies","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of Administrative Justice Act providing remedies for administrative conduct"}
  • {"issue_text":"Whether s 291 of the Constitution creates a fundamental right that can be enforced under s 85(1)(a)","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's reliance on s 291 as basis for constitutional relief"}
  • {"issue_text":"Whether the administrative conduct of withdrawing the offer letter without prior notice violated the applicant's right to administrative justice under s 68(1)","issue_type":"constitutional","dispositive":"no","related_facts":"Withdrawal of offer letter without giving applicant opportunity to be heard"}
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background
Facts of the Case

Background

The applicant was allocated Lot 1 of Manyewe Farm in 2008 through an offer letter. In 2013, the Minister subdivided the land and withdrew the original offer, reallocating only a portion (210 hectares) to the applicant while giving the remainder to the second respondent. The applicant refused the new allocation claiming it was rocky and unarable, and approached the Constitutional Court alleging infringement of her constitutional rights to administrative justice.
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