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Harare High Court
Bruce Charles Alexander v The Minister of Lands, Agriculture, Water, Fisheries and Rural Settlement
HH 505-23
Case Details
Court
Harare High Court
Date
31 August 2023
Citation
HH 505-23
Neutral Citation
[2023] ZWHH 505
Outcome
unknown
Case Type
Application
Bench
Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Property LawConstitutional LawAdministrative Law
Keywords
land reformurban landgazettingsection 16Bjudicial review
Tags
land acquisitionurban zoningagricultural landconstitutional challenge
legislation
Statutes Cited
- Constitution of Zimbabwe 1980 (old Constitution)
- High Court Act
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether land previously gazetted as urban land can be validly acquired under section 16B for agricultural purposes","issue_type":"mixed","dispositive":"yes","related_facts":"2006 urban zoning; 2012 agricultural acquisition"}
- {"issue_text":"Whether the court has jurisdiction to review the acquisition given section 16B(3) ouster clause","issue_type":"procedural","dispositive":"no","related_facts":"Section 16B(3) ouster provision; nature of acquisition"}
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background
Facts of the Case
Background
The applicant, registered owner of 50 hectares of land in Mount Hampden Zvimba district, challenged the respondent's acquisition of his property under section 16B of the Constitution for agricultural purposes, arguing the land had been gazetted as urban land for industrial development in 2006 under the Regional Town and Country Planning Act.
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