MIKE CAMPBELL (PVT) LTD & ANOR v MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR LAND, LAND REFORM & RESETTLEMENT & ANOR 2008 (1) ZLR 17 (S)

2008 (1) ZLR p17

Flynote

Constitutional law — Constitutional of Zimbabwe 1980 — Declaration of Rights — s 11 — protection of fundamental rights — s 52(1) — protection of such rights not immutable — may be amended, added to or repealed, provided s 52(1) is adhered to

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16(1) — protection from deprivation of property — doctrine of essential features or core values — s 52(1) — doctrine inapplicable to the Constitution in the light of s 52(1)

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16B — underlying principle - inherent right of sovereign power to acquire compensation — s 16B a legitimate exercise of legislative power to determine the condition for such acquisition

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16B(2)(a) — acquisition of agriculture land — improvement on land acquired by the State — payment of fair compensation within a reasonable time to former owner — such payment not a pre-condition for acquisition

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16B(2)(a) — acquisition of agriculture land — whether infringes s 23 — no reference in section to race or colour of owners of land acquired — s 16B(2)(a) not in violation of s 23

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16B(3) — intention of legislature in enacting section —

2008 (1) ZLR p18

Malaba JA

intention was to modify ss 18(1) and 18(9) — both subsections amended by s 16B(3)

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 23 — protection against discrimination on grounds of race or color — s 16B(2)(a) — acquisition of agricultural land belonging to white persons — not in contravention of s 23

Constitutional law — Constitution of Zimbabwe 1980 — amendment of — s 52(1) — section giving legislature fall powers to amend, add to or vary the Constitution — use of word "any" — meaning of in the context of s 52(1)

Constitutional law — Constitution of Zimbabwe 1980 — ouster of provisions of the Constitution — general principle relating thereto — need for clear language before in order to oust the provisions of the Constitution.

Interpretation of statutes — constitution — ouster of provisions of a constitution — need for clear language in such circumstances

Words and phrases — Constitution of Zimbabwe 1980 — s 52(1) — "any" — meaning of in the context of s 52 (1) — all inclusive effect of the word