Alistair Michael Fletcher v Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement & Ors

Judgment No. CCZ 07-24

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Case Details

Court

Constitutional Court

Date

11 June 2024

Citation

Judgment No. CCZ 07-24

Neutral Citation

[2024] ZWCCZ 7

Judgment No.

CCZ 07-24

Outcome

unknown

Case Type

Application

Bench

Presiding

Patel JCC

Full Bench

Makarau JCCHlatshwayo JCCPatel JCC

Areas of Law

Constitutional LawLand RightsAdministrative Law

Keywords

Constitutional CourtLeave to AppealLand AcquisitionSection 16BUrban LandJurisdictionAgricultural LandCaveats

Key Issues

{"issue_text":"Whether the court a quo determined a constitutional issue that this Court has jurisdiction to hear","issue_type":"constitutional","dispositive":"yes","related_facts":"The Supreme Court's interpretation of section 16B of the former Constitution and section 72 of the current Constitution"}
{"issue_text":"Whether the applicant has prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"The interpretation of section 16B as applying only to agricultural land, not urban land"}
{"issue_text":"Whether it is in the interests of justice to grant leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting court positions on the interpretation of section 16B and public interest in clarifying the law"}

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background

Facts of the Case

Background

The applicant owns land under title deed No. 3188/83 that was allegedly acquired by the State and had caveats placed on it. The High Court granted the applicant's application to uplift the caveats, but the Supreme Court overturned this decision, holding the High Court lacked jurisdiction. The applicant now seeks leave to appeal to the Constitutional Court.

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