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Land Acquisition re: Rationale or Policy Behind the Land Reform Programme

HH14-08 : MOUNT LOTHIAN ESTATE (PVT) LTD vs COLONEL GODFREY MUTEMACHANI & 2 OTHERS
Ruled By: BHUNU J

The justification and rationale of the land reform programme was aptly articulated by the then Minister for Lands and Agriculture and Rural Development, Mr.Made, in his founding affidavit..., where he says: “...,. 6. At independence in 1980, the Government of Zimbabwe inherited a racially oriented agricultural and land ownership structure. About 6000 whites owned 15 million hectares of ...
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HH169-09 : GRAMARA (PRIVATE) LIMITED and COLIN CLOETE vs GOVERNMENT OF THE REPUBLIC OF ZIMBABWE and ATTORNEY-GENERAL OF ZIMBABWE and NORMAN KAPANGA (INTERVENER)
Ruled By: PATEL J

The land reform programme..., despite its administrative and practical shortcomings, is quintessentially a matter of public policy in Zimbabwe, conceived well before the country attained its sovereign independence.
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HH118-10 : JOHN STRONG (PRIVATE) LIMITED and TOBS STRONG (PRIVATE) LIMITED vs WILLIAM WACHENUKA and MINISISTRY OF LANDS, AGRICULTURE AND RESETTLEMENT
Ruled By: GOWORA J

In total, both applicants have had four farms acquired by the Government for purposes of land reform, and have been assisting both A1 and A2 farmers on the acquired farms.
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HB62-10 : CORNIEL DUBE vs GEORGE GRAHAM and OFFICER-IN-CHARGE, MBEMBESI POLICE STATION and DEPUTY SHERIFF FOR BULAWAYO
Ruled By: NDOU J

On the allegations levelled against the applicant, it is beyond dispute that there is no law preventing employees of the acquiring authority from being beneficiaries of the land reform programme. The acquiring authority would be expected to have known that the applicant was one of its senior employees in Matabeleland North at the time it ...
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HB110-11 : JOHN PERCIVAL BAWDEN vs THULANI NDEBELE and SIKHUMBUZO MPOFU
Ruled By: CHEDA J

The applicant describes the first respondent as “an invader.” The use of the word “invader” as opposed to “occupier” is deliberately used to impute some illegality. Fortunately, the reality of the situation on the ground does not support this serious yester-year misconception based on entrenched colonial bigotry on the part of the applicant and John ...
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SC31-10 : COMMERCIAL FARMERS UNION and OTHERS vs THE MINISTER OF LANDS AND RURAL RESETTLEMENT and OTHERS
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JA, GARWE JA and CHEDA AJA

(a) Are the applicants being treated in a discriminatory manner in contravention of section 23 of the Constitution? The applicants allege that the discrimination against them is in the following three respects – (i) They allege that it is only land belonging to white commercial farmers that has been compulsorily acquired; (ii) It is only white ...
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Appealed
SC50-18 : NAVAL PHASE FARMING PL and BEACH FARMS PL and TAWANDA NYAMBIRAI vs MINISTER OF LANDS AND RURAL RESETTLEMENT and BERNARD MAKOKOVE and STEPHEN CHIURAYI and MALVERN DZVAIRO
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

GROUNDS OF APPEAL 1….,. 2….,. 3….,. 4….,. 5….,. 6….,. 7….,. 8. The court a quo erred in finding that the appellants' farms constituted agricultural land required for resettlement purposes as required by section 16B of the former Constitution when the farms were already owned, or occupied by people who fall in the category of people for whose benefit land reform was implemented in terms of section ...
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View Appeal
HH768-15 : NAVAL PHASE FARMING PL and BEACH FARMS PL and TAWANDA NYAMBIRAI vs MINISTER OF LANDS AND RURAL RESETTLEMENT and BERNARD MAKOKOVE and STEPHEN CHIURAYI and MALVERN DZVAIRO
Ruled By: CHIGUMBA J

An unavoidable offshoot…, is whether the purpose of the land reform programme in Zimbabwe is to take away agricultural land from Zimbabweans of white descent and redistribute it to Zimbabweans of black descent, as part of the Government of the day's 'indegenisation' policy. Put differently, can a Zimbabwean citizen of black descent challenge the acquisition of agricultural ...
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