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Constitutional Court
Liziwe Museredza and 303 Others v Minister of Agriculture, Lands, Water and Rural Resettlement and 10 Others
[2022] ZWCCZ 1
Case Details
Court
Constitutional Court
Date
28 March 2022
Citation
[2022] ZWCCZ 1
Judgment No.
CCZ 1/22
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA JCC
Full Bench
GOWORA JCCHLATSHWAYO JCCPATEL JCC
Areas of Law
Constitutional lawCivil procedure
Keywords
Direct accessRescissionConstitutional CourtLand acquisitionLocus standiRule compliance
Tags
Direct accessRescission of judgmentLand reformLocus standi
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants should be granted leave for direct access to the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed more than 4 years after knowledge of judgment, no compliance with court rules"}
- {"issue_text":"Whether the applicants have established prospects of success on the merits","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to comply with procedural rules, lack of locus standi"}
- {"issue_text":"Whether the applicants have locus standi to apply for rescission of the judgment","issue_type":"law","dispositive":"yes","related_facts":"Applicants claim to be beneficiaries under land reform programme but lack lawful authority documents"}
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background
Facts of the Case
Background
The applicants, residing on land they claim was acquired by the State under the land reform programme, sought leave for direct access to the Constitutional Court to rescind a 2015 consent judgment (CCZ 43/15) that declared the land private and allowed the second respondent to sell stands to them. They alleged the judgment was granted in error and in their absence, and that they were forced to purchase stands allocated to them under the land reform programme.
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