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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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HH211-15 : NETONE CELLULAR PL vs THE MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE and NATIONAL EMPLOYMENT COUNCIL FOR THE COMMUNICATIONS AND ALLIED SERVICES INDUSTRY
Ruled By: MAKONI J

The applicant approached this court seeking the following relief:“IT IS DECLARED AS FOLLOWS:1. The application to the Applicant of the provisions of a collective bargaining agreement born of a process to which the Applicant was not party is a violation of the Applicant's constitutional right to freedom of association.2. The ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the High Court.The question for determination is whether the law governing the property rights of married persons, or the law of testamentary disposition of estates, binds a testator to bequeath his or her right in an estate to the husband or ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

This is an appeal against the judgment of the High Court dismissing an application by the appellants for a declaratory order and consequential relief pertaining to various fundamental rights, in particular, the right of children to shelter.The application was dismissed with no order as to costs.The first appellant is an ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

Reasonable Limitations and Reasonable MeasuresSection 86 of our Constitution prescribes the manner in and extent to which fundamental human rights and freedoms may be subjected to limitation or derogated from. Section 86(1) stipulates that rights and freedoms “must be exercised reasonably and with due regard for the rights and freedoms ...
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HH135-16 : FRANCIS NYADINDU and SHILLAH NYADINDU vs BARCLAYS BANK OF ZIMBABWE LTD and SHERIFF OF THE HIGH COURT (N.O.) and REGISTRAR OF DEEDS (N.O.) and SOLID REAL ESTATE
Ruled By: DUBE J

A judgment debtor or any person who has an interest in a sale is entitled to bring objections challenging the conduct of a judicial sale by the Sheriff in terms of Rule 359(1).Objections may be taken on all process leading to the sale and are not limited to the actual ...
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HH173-17 : F. MUTATA and OTHERS vs THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND URBAN DEVELOPMENT
Ruled By: CHITAKUNYE J and NDEWERE J

This is an appeal against the judgment of the magistrate sitting at Harare in which he granted an order for the eviction of the appellants from certain premises owned by the Government.The appellants are retrenched or retired civil servants who occupied houses situate in the Messengers' Camp in Highfields, Harare.The ...
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HH477-16 : RICHARD SEAGER vs ALESTER ZIYANGA
Ruled By: DUBE J

The applicant applies for an anti-dissipation order to restrain the respondent from removing and disposing of joint venture farm equipment owned by a partnership pending his claim.The circumstances surrounding this application are as follows:The applicant was the owner of UNA Farm, Wedza. The farm was subsequently offered to the respondent ...
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HH333-13 : GIVEMORE SAMBADZI and SALATIEL NHUBU vs REGISTRAR OF DEEDS
Ruled By: BHUNU J

The facts that gave rise to this dispute are as follows:In January 2010, the first applicant, Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe Township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour.In November 2010, ...
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SC78-21 : ZIMBABWE HOMELESS PEOPLES FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and OTHERS
Ruled By: GARWE JA, MAVANGIRA JA and MATHONSI JA

After hearing argument from the parties, the High Court of Zimbabwe made an order dismissing the application filed by the appellants in terms of section 85(1) of the Constitution of Zimbabwe. The court also ordered the appellants to pay the costs of the application.This followed a finding by the court ...
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Appealed
HH287-20 : PENELOPE STONE and RICHARD BEATTIE t/a THE STONE/BEATTIE STUDIO vs CENTRAL AFRICAN BUILDING SOCIETY and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT
Ruled By: ZHOU J

This is an application for an Order that:1. The first Respondent pays a sum of US$142,000 together with interest thereon at the rate of 5% per annum from 28 November 2016 to the date of payment within seven days from the date of this order.2. In the alternative, the Applicants ...
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HH169-13 : TROJAN NICKEL MINE LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MATHONSI J

It is WALLIS JA, with HARMS AJ, VAN HEERDEN JA, MALAN JA and PETSE AJA all concurring who waxed lyrical in Executive Officer of the Financial Services Board v Dynamic Wealth Ltd Ors 2012 (1) SA 543 when he said:“Ever since the bursting of the South Sea Bubble ...
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Appealed
SC49-13 : STANDARD CHARTERED BANK ZIMBABWE LIMITED vs CHINA SHOUGANG INTERNATIONAL
Ruled By: ZIYAMBI JA, GARWE JA and HLATSWAYO JA

Standard Chartered Bank Zimbabwe (“the appellant”) or (“the Bank”) is a commercial bank registered and operating in Zimbabwe.The respondent is a company duly incorporated in terms of the laws of Zimbabwe and was carrying on business in Redcliff, Zimbabwe. It is a foreign investor whose specific purpose was the refurbishment ...
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HH02-22 : LIVISON CHIKUTU and PHENEAS CHITSANGE and ALBERT DHUMELA vs MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE & RURAL RESETTLEMENT and OTHERS
Ruled By: MAFUSIRE J

This is a constitutional application.The applicants want section 4 and section 6(1)(b) of the Communal Land Act [Chapter 20:04] declared ultra vires the Constitution of Zimbabwe.The draft order does not identify which particular sections of the Constitution the impugned provisions allegedly conflict with; but, according to the founding affidavit, the ...
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HMT03-19 : THE TRUSTEES OF THE UNITED MUTARE RESIDENTS AND RATEPAYERS TRUST (UMRRT) vs CITY OF MUTARE and THE MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING
Ruled By: MUZENDA J

On the 23rd of March 2015, Mr Sebastian Bakare; Mr Terrance Moody; Ms Natsai Nyamuwanza; Mr Cephas Sagwete; Ms Poshier Magada; Ms Maraidza Elizabeth Mutambara joined together to form United Mutare Residents and Ratepayers Trust.Counsel for the applicant appears on the copy of the Resolution dated 3rd July 2018 which ...
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HH310-11 : CHINA SHOUGANG INTERNATIONAL vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: BERE J

The facts, which are fairly straightforward and common cause in this matter, can safely be summarised as follows:The applicant is a company duly registered and incorporated in terms of the laws of Zimbabwe. The respondent is a registered commercial bank with a number of branches in Zimbabwe.The applicant runs two ...
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