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Supreme Court

Naval Phase Farming (Private) Limited & 2 Ors v Minister of Lands and Rural Resettlement & 3 Ors

SC 50/18

Case Details

Court
Supreme Court
Date
27 July 2018
Citation
SC 50/18
Neutral Citation
[2018] ZWSC 50
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Hlatshwayo JA
Full Bench
Hlatshwayo JABhunu JAUchena JA
Areas of Law
Constitutional lawProperty lawAdministrative law
Keywords
Section 16BLand acquisitionSchedule 7Compulsory acquisitionOffer letters
Tags
Land reformConstitutional lawAgricultural land acquisition
legislation
Statutes Cited
  • European Communities Act 1972
  • European Union (Withdrawal) Act 2018
  • European Union (Withdrawal Agreement) Act 2020
  • Constitutional Reform Act 2005
  • Human Rights Act 1998
  • Bill of Rights 1689
  • Magna Carta 1215
  • Parliament Acts 1911 and 1949
  • Scotland Act 1998
  • Government of Wales Act 2006
  • Northern Ireland Act 1998
  • Interpretation Act 1978
  • Supreme Court Act 1981 (now Senior Courts Act 1981)
  • Civil Procedure Rules 1998
  • Criminal Appeal Act 1995
  • Tribunals, Courts and Enforcement Act 2007
  • Constitutional Reform and Governance Act 2010
  • Fixed-term Parliaments Act 2011
  • European Parliamentary Elections Act 2002
  • Representation of the People Act 1983
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court has jurisdiction to inquire into the validity of compulsory acquisition of agricultural land under section 16B","issue_type":"constitutional","dispositive":"no","related_facts":"Farms listed under Schedule 7; Administrative Court proceedings"}
  • {"issue_text":"Whether the Administrative Court order nullifying acquisition notices affected the validity of acquisition under section 16B","issue_type":"mixed","dispositive":"yes","related_facts":"Withdrawal of confirmation application; listing under Schedule 7"}
  • {"issue_text":"Whether the respondents' occupation based on offer letters was lawful","issue_type":"law","dispositive":"no","related_facts":"Offer letters issued; section 291 of current Constitution"}
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background
Facts of the Case

Background

The appellants, who owned or occupied three farms (Kopje Alleen, the Beach, and Rustfontein), sought to challenge their compulsory acquisition by the State and the subsequent occupation by the respondents. The High Court dismissed their application, finding that the farms were properly acquired under the land reform program and that the respondents held valid offer letters.
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