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COMMERCIAL FARMERS' UNION v MINISTER OF LANDS & ORS 2000 (2) ZLR 469 (S)

2000 (2) ZLR p469

Citation

2000 (2) ZLR 469 (S)

Case No

Judgment No. S-132-00

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA, Ebrahim JA, Muchechetere JA and Sandura JA

Heard

6 November 2000; 7 November 2000

Judgment

21 December 2000

Counsel

A P de Bourbon SC, with him J B Colegrave and P Nherere, for the applicant
B Patel, with him C Machaka and F Chatukuta, for the respondents

Case Type

Constitutional application

Annotations

Link to case annotations

Flynote

Constitution of Zimbabwe 1980 — Declaration of Rights — s 16(1)(b) (protection from deprivation of property) — requirement for acquiring authority to give reasonable notice to affected person — legislation not specifying when such notice expires — such notice invalid — s 16A — acquisition of commercial farming land for resettlement — need for programme of land reform to exist — haphazard and unlawful invasions of farms not constituting such a programme — s 18 (protection of the law) — failure by police to give farmers and their employees the protection to which they were entitled against unlawful invasions of their farms — section contravened by such failure — s 21(right to freedom of assembly) — contravened by forcing persons to attend political party meetings — s 23 (protection against discrimination) — targetting farms for acquisition because farmer thought to support opposition party — allocation of acquired properties to supporters of ruling party — section contravened

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