ROUTE TOUTE BV & ORS v MINISTER OF LANDS & ORS 2009 (2) ZLR 351 (H)

2009 (2) ZLR p351

Flynote

Constitutional law – Constitution of Zimbabwe 1980 – s 16(9b) – protection given to investors under international treaties – investment in rural land – acquisition of rural land under s 16B – whether s 16B overrides provisions of s 16(9b)

International law – treaties – incorporation into domestic law – effect of ratification of treaties – State's duty to comply with terms of treaties

Land – acquisition – acquisition from foreign investor – s 16(9b) of Constitution – protection given to foreign investors under international treaties – acquisition of rural land under s 16B – whether s 16B overrides provisions of s 16(9b)

Land – acquisition – land acquired by State – holder of offer letter in respect of land – not entitled to evict former owner – need for former owner to be duly evicted in terms of Gazetted Lands (Consequential Provisions) Act

Land – acquisition – under s 16B of Constitution – requirements for land to have been validly acquired – not necessary that all requirements of Land Acquisition Act [Chapter 20:10] be complied with

Practice and procedure – notice – service – notice of eviction – requirements for valid service