Land reformAgricultural land acquisitionSection 72 ConstitutionJudicial review grounds
Tags
Land acquisitionJudicial reviewConstitutional interpretation
legislation
Statutes Cited
Constitution of Zimbabwe, 2013
Constitution of Zimbabwe, 2013
Constitution of Zimbabwe, 2013
Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the decision to acquire agricultural land under section 72 is subject to judicial review","issue_type":"constitutional","dispositive":"no","related_facts":"Minister's acquisition of farm under section 72"}
{"issue_text":"Whether the appellants adduced sufficient evidence of illegality in the acquisition","issue_type":"factual","dispositive":"yes","related_facts":"Allegations of unlawful action and favoritism"}
{"issue_text":"Whether the acquisition was irrational or unreasonable","issue_type":"factual","dispositive":"yes","related_facts":"Decision to acquire after farm identified for resettlement"}
{"issue_text":"Whether procedural fairness required prior notice under section 72","issue_type":"procedural","dispositive":"no","related_facts":"No prior notice given to appellants before acquisition"}
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background
Facts of the Case
Background
The appellants owned a farm (Subdivision C of Elvington) through their company. In 2013, the Minister offered it for resettlement believing it was state land. After discovering it wasn't lawfully acquired, the Minister published an acquisition notice in January 2015 and re-allocated it to the second respondent and others. The appellants sought judicial review alleging illegality and unfairness.
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