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Harare High Court
Samuel Tendai Muvuti and Joylin Muvuti and Holmehead Farm v Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement and John Basera
HH 523-23
Case Details
Court
Harare High Court
Date
22 September 2023
Citation
HH 523-23
Neutral Citation
[2023] ZWHH 523
Outcome
unknown
Case Type
Review
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Administrative lawLand lawAgricultural law
Keywords
Administrative Justice ActLease cancellationUnderutilizationDownsizingIrrationalityUnreasonableness
Tags
Land reformLease cancellationAdministrative justiceFarm downsizing
legislation
Statutes Cited
- Administrative Justice Act
- Administrative Justice Act
- Administrative Justice Act
- Administrative Justice Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Minister's decision to cancel the lease was irrational and unreasonable","issue_type":"law","dispositive":"yes","related_facts":"Changing reasons for cancellation, lack of proper consideration of representations"}
- {"issue_text":"Whether the administrative action violated the Administrative Justice Act","issue_type":"law","dispositive":"yes","related_facts":"Failure to act reasonably and fairly, changing justifications"}
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background
Facts of the Case
Background
The applicants, who are husband and wife, were allocated Holmehead Farm under the land reform programme in 2004. In 2020-2021, the first respondent (Minister) first indicated intention to withdraw the offer to downsize the farm, then cancelled the 99-year lease for alleged underutilization. The applicants challenged this decision as irrational and unreasonable.
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