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Harare High Court

Gwenzi Mhondoro v The Minister of Lands, Agriculture Water and Rural Resettlement and The Attorney General of Zimbabwe

HH 603-22

Case Details

Court
Harare High Court
Date
12 September 2022
Citation
HH 603-22
Neutral Citation
[2022] ZWHH 603
Outcome
unknown
Case Type
Application

Bench

Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Constitutional LawAdministrative LawLand Law
Keywords
Land Commission Regulationsconstitutional validityagricultural landland reform programme
Tags
constitutional challengeland reformstatutory instrumentultra vires
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Land Commission Act
  • Land Commission Act
  • Agricultural Land Settlement Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Land Commission (Gazetted Land) (Disposal In Lieu of Compensation) Regulations, 2020 are ultra vires s 21 as read with s 17 of the Land Commission Act","issue_type":"constitutional","dispositive":"yes","related_facts":"Regulations made under s 21 as read with s 17 of Act; regulations provide for disposal of land"}
  • {"issue_text":"Whether the regulations are inconsistent with s 293 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Regulations provide for alienation of agricultural land; s 293 requires Act of Parliament for alienation procedures"}
  • {"issue_text":"Whether regulations violate applicant's constitutional rights to property, administrative justice and fair hearing","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant fears eviction without compensation or hearing"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant, a beneficiary of Zimbabwe's land reform programme, challenged the constitutional validity of the Land Commission (Gazetted Land) (Disposal In Lieu of Compensation) Regulations, 2020 (S.I. 62 of 2020) which allowed former landowners to reclaim title to land that had been compulsorily acquired by the State. The applicant argued the regulations violated constitutional property rights and were ultra vires the enabling legislation.
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