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QUINNELL v MINISTER OF LANDS & ORS 2004 (2) ZLR 293 (S)

2004 (2) ZLR p293

Citation

2004 (2) ZLR 293 (S)

Case No

Judgment No. S-47-04

Court

Supreme Court, Harare

Judge

Chidyausiku CJ, Sandura JA, Cheda JA, Ziyambi JA & Malaba JA

Heard

27 May 2004

Judgment

11 November 2004

Counsel

W Trengove SC, with him J C Andersen SC, for the applicant
Mrs N Matanda-Moyo, with her N Mutsonziwa, for the respondents

Case Type

Constitutional reference

Annotations

Link to case annotations

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16(1)(b) — right to reasonable notice of State's intention to acquire agricultural land compulsorily — no right thereby given to any specific notice of actual acquisition, nor to time for landowner to wind up his affairs — Land Acquisition Act [Chapter 20:10] — ss 8 & 9

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(9) — right to fair hearing before an impartial court — acquisition of land — State becoming owner in spite of objection being lodged with Administrative Court — right to put case before court not thereby removed

Constitutional law — Constitution of Zimbabwe 1980 — s 31E(1) — office of Minister becoming vacant on assumption of office of a "new" President — meaning — re-election of incumbent President — not assumption of office by "new" President — Minister's office not automatically rendered vacant

Constitutional law — Parliament — standing orders — status of — legislation passed in contravention of standing order — not necessarily invalid — introduction of bill containing same substance as another bill introduced during same session and not withdrawn — later bill introduced without leave but substantially altered during committee stage — legislation not rendered invalid by failure to comply with standing order

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