Eriza Muhala and 50 Others v Patrick T. Mukorera

CCZ 2/19

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Case Details

Court

Constitutional Court

Date

18 February 2019

Citation

CCZ 2/19

Neutral Citation

[2019] ZWCCZ 2

Outcome

unknown

Case Type

Application

Bench

Presiding

Gwaunza JCC

Full Bench

Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCC

Areas of Law

Constitutional lawProperty lawLand reform law

Keywords

EvictionFarm workersLand acquisitionConstitutional referralGazetted landOffer letter

Key Issues

{"issue_text":"Whether the matter was properly referred to the Constitutional Court under s 175(4) of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants failed to file opposing affidavits and the magistrate made no factual findings"}
{"issue_text":"Whether a constitutional question arose from the facts of the case","issue_type":"constitutional","dispositive":"no","related_facts":"The applicants' only claim to the land was through employment with Mr Van Resberg who had left the farm"}

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background

Facts of the Case

Background

The applicants, former farm workers employed by Mr Van Resberg, continued occupying subdivision 9 of Reubine of Clare Farm after it was compulsorily acquired by the State and allocated to the respondent through an offer letter. The respondent sought their eviction, and the applicants attempted to refer constitutional questions to the Constitutional Court without properly opposing the eviction application.

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