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Constitutional Court

Tom Beattie Farms (Private) Limited a.k.a. Chigwell Estate and Thomas Irving Beattie v Ignatius Mugova and Attorney-General of Zimbabwe

CCZ 7/17

Case Details

Court
Constitutional Court
Date
16 March 2017
Citation
CCZ 7/17
Neutral Citation
[2017] ZWCCZ 7
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Full Bench
CHIDYAUSIKU CJMALABA DCJCHEDA JAZIYAMBI JAGARWE JA
Areas of Law
Constitutional LawCriminal LawLand Law
Keywords
Right to protection of lawReferral of constitutional issuesGazetted Lands ActCriminal Law (Codification and Reform) Act
Tags
Constitutional rightsProsecutionLand reform
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Criminal Law (Codification and Reform) Act
  • Gazetted Lands (Consequential Provisions) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the refusal to refer the constitutional issue in the magistrate's court was wrongful and a breach of the applicants' right to protection of law","issue_type":"constitutional","dispositive":"yes","related_facts":"Refusal to refer constitutional issue"}
  • {"issue_text":"Whether section 277(3) and (5) of the Criminal Law (Codification and Reform) Act is consistent with section 18(1) and (13)(b) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Prosecution under criminal law provisions"}
  • {"issue_text":"Whether sections 3(2) and 3(3) of the Gazetted Lands (Consequential Provisions) Act are consistent with section 18(1) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Prosecution under land law provisions"}
  • {"issue_text":"Whether the Chegutu workshop violated rights under section 18(2) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Workshop held on 6 February 2009"}
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background
Facts of the Case

Background

The applicants were prosecuted under the Gazetted Lands Act and Criminal Law (Codification and Reform) Act following a workshop held at Chegutu on 6 February 2009. They challenged the refusal to refer constitutional issues to the Supreme Court and sought declarations on the constitutionality of the statutory provisions.
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