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Harare High Court

Andrew John Pascoe v Minister of Lands & Rural Resettlement and W. Bungu and The Attorney General N.O

HH 721-17

Case Details

Court
Harare High Court
Date
26 October 2017
Citation
HH 721-17
Neutral Citation
[2017] ZWHH 721
Outcome
unknown
Case Type
Review

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative LawLand LawConstitutional Law
Keywords
Land acquisitionDownsizingGovernment policyArable landJudicial review
Tags
Land reformGovernment allocationJudicial reviewProcedural fairness
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Minister of Lands acted procedurally unfairly in withdrawing the 2014 land offer and reallocating the land.","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of intention, seven-day representation window, applicant’s objections"}
  • {"issue_text":"Whether the reallocation left the applicant with insufficient land for viable farming operations.","issue_type":"fact","dispositive":"yes","related_facts":"Size and usability of subdivision 4, presence of granite, vlei, mountain, use of Woodford Farm"}
  • {"issue_text":"Whether the applicant was required to exhaust alternative remedies, particularly through the Zimbabwe Land Commission, before approaching the court.","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of Zimbabwe Land Commission, applicant’s failure to refer matter"}
  • {"issue_text":"Whether affidavits submitted with the answering affidavit (e.g., Royston) could properly be considered to introduce new factual claims.","issue_type":"procedural","dispositive":"yes","related_facts":"Late submission of expert evidence, lack of opportunity for respondents to respond"}
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background
Facts of the Case

Background

The applicant, former owner of Ivordale Farm, was initially allocated 449.792 hectares (subdivision 2) under government land reform. In 2016, the Minister of Lands issued a notice of intention to withdraw this allocation and reallocated only 247.09 hectares (subdivision 4) to the applicant, assigning subdivision 3 to W. Bungu. The applicant challenged this decision as procedurally unfair and substantively unreasonable, but the court found the process compliant and the applicant’s claims undermined by his use of additional land at Woodford Farm.
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