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Bulawayo High Court
Mark Masinyazana Mbayiwa v Minister of Lands, Agriculture, Water & Rural Resettlement and Attorney General of Zimbabwe N.O.
HB 87/23
Case Details
Court
Bulawayo High Court
Date
1 June 2023
Citation
HB 87/23
Neutral Citation
[2023] ZWHB 87
Outcome
unknown
Case Type
Application
Bench
Presiding
Moyo J
Full Bench
Moyo J
Areas of Law
constitutional lawadministrative lawland law
Keywords
land acquisitionconstitutionalitysection 71section 56land reform program
Tags
constitutional challengeland reformland acquisition
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 2) Act 2013
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the land reform program has been completed such that challenged provisions are no longer constitutionally justified","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's assertion of completion vs respondent's denial"}
- {"issue_text":"Whether sections 47, 3, 4(1), 41(1) and 10 of land acquisition laws violate constitutional property rights","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's constitutional challenge"}
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background
Facts of the Case
Background
The applicant, a Zimbabwean citizen, challenged the constitutionality of various provisions of the Land Acquisition Act and regulations, arguing they violate constitutional property rights. He contended the land reform program had been completed, making these protective laws irrational and unconstitutional.
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