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Harare High Court
Clovet Consultants (Pvt) Ltd and Cassian Ben Macherere and Mabel Macherere v Minister of Lands and Rural Resettlement and Ottoman Magaya
HH 337-17
Case Details
Court
Harare High Court
Date
31 May 2017
Citation
HH 337-17
Neutral Citation
[2017] ZWHH 337
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Administrative lawProperty lawConstitutional law
Keywords
Compulsory acquisitionAgricultural landSection 72 ConstitutionProcedural fairnessNotice requirements
Tags
Land acquisitionAgricultural landCompulsory acquisitionAdministrative review
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Land Acquisition Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the compulsory acquisition of agricultural land must comply with the notice requirements in section 71(3) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"No prior notice given to applicants"}
- {"issue_text":"Whether the Administrative Justice Act applies to compulsory acquisition of agricultural land","issue_type":"law","dispositive":"yes","related_facts":"Acquisition done under constitutional provisions"}
- {"issue_text":"Whether the applicants proved grounds of illegality, irrationality or procedural impropriety","issue_type":"mixed","dispositive":"yes","related_facts":"Allegations of bias and corruption"}
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background
Facts of the Case
Background
The applicants, owners of a farm since 1998, challenged the compulsory acquisition of their agricultural land by the Minister of Lands in 2015, alleging procedural impropriety and bias. The Minister had initially issued offer letters in 2013 believing the land was state land, then regularised the acquisition by gazetting it in 2015 after discovering it was privately owned.
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