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Constitutional Court
Nyahondo Farm (Private) Limited v (1) Brigadier General A.W. Tapfumaneyi (2) Mrs Tapfumaneyi (3) The Minister of National Security in the President's Office Responsible for Lands, Land Reform and Resettlement
[2017] ZWCCZ 5
Case Details
Court
Constitutional Court
Date
16 March 2017
Citation
[2017] ZWCCZ 5
Judgment No.
CCZ 5/17
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHIDYAUSIKU CJ
Full Bench
CHIDYAUSIKU CJMALABA DCJSANDURA JACHEDA JAGARWE JA
Areas of Law
Constitutional LawProperty LawInternational Investment Law
Keywords
Section 16B ConstitutionSection 16(9b) ConstitutionLand reformExpropriationBIPA AgreementNon obstante clause
Tags
Land acquisitionConstitutional rightsProperty rightsBilateral Investment Promotion and Protection Agreement
legislation
Statutes Cited
- Constitution of Zimbabwe (old Constitution)
- Constitution of Zimbabwe (old Constitution)
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 16B of the Constitution, containing a non obstante clause, overrides the protection afforded by section 16(9b) of the Constitution and Article 5 of the BIPA Agreement","issue_type":"constitutional","dispositive":"yes","related_facts":"Farm acquired under section 16B; Appellant claims protection under section 16(9b) and BIPA"}
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background
Facts of the Case
Background
The appellant, Nyahondo Farm (Private) Limited, challenged the acquisition of its farm (Nyahondo Farm) by the State for agricultural resettlement purposes. The farm was acquired by the third respondent in terms of section 16B of the Constitution and allocated to the first and second respondents. The appellant claimed protection under Article 5 of the BIPA Agreement and section 16(9b) of the Constitution.
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