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Constitutional Court
Liziwe Museredza and 385 Others v Minister of Agriculture, Lands, Water and Rural Resettlement and 10 Others
[2021] ZWCCZ 11
Case Details
Court
Constitutional Court
Date
3 November 2021
Citation
[2021] ZWCCZ 11
Judgment No.
CCZ 11/21
Outcome
unknown
Case Type
Application
Bench
Presiding
Gwaunza DCJ
Author
Makarau JCC
Full Bench
Gwaunza DCJGarwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCCUchena AJCC
Areas of Law
Constitutional lawProperty lawCivil procedure
Keywords
Rule 449Leave to applyDirect accessState landPrivate landSchedule 7 Constitution
Tags
Land ownershipConstitutional interpretationRescission of court orders
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe (repealed)
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave of the court is required under r 21(1) for an application to rescind a Constitutional Court order under r 449 of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought without leave; r 449 not listed in r 21(1) exceptions"}
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background
Facts of the Case
Background
The applicants sought rescission of a 2015 Constitutional Court order that declared Kingsdale of Johannesburg to be private land, arguing it was State land listed in Schedule 7 of the repealed constitution. The court struck the matter off the roll for failure to obtain leave as required by r 21(1).
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