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Constitutional Rights re: Property Rights, Compulsory Deprivation, Arbitrary Eviction and the Right to Shelter

CC09-16 : BENARD WEKARE and MUSANGANO LODGE (PVT) LTD t/a MUSANGANO LODGE vs THE STATE and THE ATTORNEY GENERAL OF ZIMBABWE and ZIMBABWE BROADCASTING CORPORATION
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC and MAVANGIRA AJCC

DEPRIVATION OF PROPERTY The applicants contended that the provisions of section 38B(1) and (2) as read with section 38E(1)(h)(i) of the Broadcasting Services Act [Chapter 12:06] violate the fundamental right protecting them against compulsory deprivation of property guaranteed under section 16(1) of the Constitution. Section 16(1) of the Constitution provides as follows: “16: Protection from deprivation ...
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SC31-16 : ECONET WIRELESS (PRIVATE) LIMITED vs MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and REGISTRAR OF LABOUR and NATIONAL EMPLOYMENT COUNCIL FOR COMMUNICATIONS AND ALLIED SERVICES
Ruled By: ZIYAMBI JA, GARWE JA and BHUNU JA

In further developing its argument, it was submitted on behalf of the appellant that the National Employment Council's insistence on payment of subscription dues was tantamount to unlawful expropriation of its private property. It was finally submitted that the court a quo's determination in this respect amounted to a denial of the right to ...
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Appealed
SC46-18 : CITY OF HARARE vs TAWANDA MUKUNGURUTSE and PATRICK CHIKOHORA and CLEDWYN MUTETE and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND NATIONAL HOUSING
Ruled By: GARWE JA, GUVAVA JA and ZIYAMBI AJA

This is an appeal against a judgment of the High Court declaring unlawful the demolition of the respondents' houses in Budiriro 4 in the absence of a court order….,. “2 Supremacy of Constitution (1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the ...
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HH558-16 : TAWANDA MUKUNGURUTSE and PATRICK CHIKOHORA and CLEDWYN MUTETE vs CITY OF HARARE and MINISTER OF LOCAL GOVERNMENT RURAL AND URBAN DEVELOPMENT
Ruled By: TAGU J

The first respondent argued that…, section 74 of the Constitution is not applicable in this case because what the applicants illegally erected cannot be defined as home. It relied on the interpretation in the case of Port Elizabeth Municipality v Various Occupiers [2004] ZACC 7, 2005 (1) SA 217 (CCO)…, where SACHIS J said:- “Section 26(3) evinces ...
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HMA01-18 : MAIN ROAD MOTORS and SYLVIA CHORUWA and PATRICK MUGUTI vs ZIMBABWE REVENUE AUTHORITY and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT and ATTORNEY GENERAL
Ruled By: MAFUSIRE J

Section 71(3) of the Constitutions says: “Subject to this section, and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied…,.”
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CC02-19 : ERIZA MUHALA and 50 OTHERS vs PATRICK T. MUKORERA
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

Section 28 of the Constitution obliges the State and all institutions at every level to take all steps necessary within their means to enable every person to have access to adequate shelter.
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

COMPULSORY DEPRIVATION OF PROPERTYThe applicants alleged that the transitional provision infringes their right to property enshrined in section 71(2) and protected under section 71(3) of the Constitution. Section 71(2) and 71(3) provide as follows:“71 Property Rights(1)…,.(2) Subject to section 72, every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others.(3) Subject to this section and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied -(a) The deprivation is in terms of a law of general application;(b) The deprivation is necessary for any of the following reasons -(i) In the interests of defence, public safety, public order, public morality, public health or town and country planning; or (ii) In order to develop or use that or any other property for a purpose beneficial to the community;”The applicants' case was that, by operation of the transitional provision, they were made to incur a financial obligation which they were not required ...
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CC02-18 : GREATERMANS STORES (1979) PL t/a THOMAS MEIKLES STORES and MEIKLES HOSPITALITY PL vs THE MINISTER OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE and THE ATTORNEY-GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

An employer who terminated an employee's contract on notice is placed under an obligation, retrospectively, to assess the value of the entitlement of the employee to compensation for loss of employment based on length of service. The payment to the employee, by the employer, is made after calculation of what is due and payable as damages ...
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