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

Abstract

647Expropriation — 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 ZimbabweHuman 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 ZimbabweRelationship 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