CHIDYAUSIKU CJ: On
31 March 2009 this Court issued the following order in this matter:
"IT IS DECLARED THAT:
(1) The
refusal to refer the constitutional issue in the magistrate's court in the
matter of The State v Tom Beattie (Pvt) Ltd and Thomas Irving Beattie to the
Supreme Court for determination was wrongful and was consequently a breach of
the applicants' right to protection of law under section 18(1) of the
Constitution of Zimbabwe.
(2) Section
277(3), as read with section 277(5), of the Criminal Law (Codification and
Reform) Act [Chapter 9:23] is
consistent with section 18(1), as read with section 18(13)(b), of the
Constitution of Zimbabwe.
(3) Sections
3(2) and 3(3) of the Gazetted Lands (Consequential Provisions) Act [Chapter 20:08] are consistent with
section 18(1) of the Constitution of Zimbabwe. Consequently the prosecution of the
applicants under section 277(3), as read with section 277(5), of the Criminal
Law (Codification and Reform) Act [Chapter 9:23] and sections 3(2) and
3(3) of the Gazetted Lands (Consequential Provisions) Act [Chapter 20:08] is lawful.
(4) The
Workshop held at Chegutu on 6 February 2009 and its deliberations did not
violate the applicants' rights protected in terms of section 18(2) of the
Constitution of Zimbabwe.
(5) There
will be no order as to costs."
We indicated that the reasons for the order would follow.
On
26 November 2010 in the matter of Commercial
Farmers Union and Nine Ors v The Minister of Lands and Rural Resettlement and
Six Ors this Court issued judgment No. SC 31/10. In that judgment this Court dealt with
issues that are identical to those that arise in the present case. The reasons for judgment in the Commercial Farmers Union case supra apply to the present case with
equal force. There is no need to issue
a separate judgment in this case.
MALABA DCJ: I
agree
CHEDA JA: (Rtrd)
ZIYAMBI JA: I
agree
GARWE JA: I
agree
Gollop
& Blank, applicants' legal practitioners
Civil
Division of the Attorney-General's Office, respondents' legal practitioners
