Hostname: page-component-84b7d79bbc-x5cpj Total loading time: 0 Render date: 2024-07-29T10:20:47.685Z Has data issue: false hasContentIssue false

Commercial Farmers Union and Others v. Minister of Lands and Rural Resettlement and Others

Zimbabwe.  26 November 2010 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Expropriation — Agricultural land — Taking of property — Land reform programme in Zimbabwe — Zimbabwe compulsorily acquiring applicants’ agricultural lands — Section 16B of Constitution of Zimbabwe — Applicants remaining in occupation of land — Criminal offence of failing to vacate land within prescribed period — Sections 2 and 3 of Gazetted Land (Consequential Provisions) Act — Duty of public officials — Whether discrimination against white Zimbabwean farmers — Section 16B of Constitution — Applicants claiming violation of rights contained in Chapter III of Constitution — Whether Zimbabwe violating Sections 23 and 18 of Constitution of Zimbabwe

Human rights — Discrimination — Racial discrimination — Land reform programme targeting white Zimbabwean farmers only — White farmers only being prosecuted for contravening Section 3 of Gazetted Land (Consequential Provisions) Act — Whether Attorney-General discriminating against white farmers — Whether racial imbalance sought to be addressed in land reform programme achieved — Whether rendering any further evictions of white farmers unlawful — Whether justiciable — Whether applicants treated in discriminatory manner — Section 16B of Constitution — Whether Section 16B prevailing over other constitutional provisions — Whether Zimbabwe contravening Section 23 of Constitution of Zimbabwe

Relationship of international law and municipal law — International tribunals — Southern African Development Community Tribunal — Relationship between Tribunal and Supreme Court of Zimbabwe — Status of decisions of Tribunal — Campbell decision — Whether Tribunal domesticated by municipal law — Whether right of appeal from supreme courts of SADC countries to Tribunal — The law of Zimbabwe

Type
Case Report
Copyright
© Cambridge University Press 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)