Judgment No. CCZ 10/14 17
Constitutional Application No. SC 226/10
consult the Land Settlement Board which obviously has to be in existence. I do not
accept the contention by the applicants that the Minister can only allocate acquired
land by way of a land settlement lease which he presently cannot do because there is
no Land Settlement Board in existence.
The Minister has an unfettered choice as to which method he uses in the
allocation of land to individuals. He can allocate the land by way of an offer letter or
by way of a permit or by way of a land settlement lease. It is entirely up to the
Minister to choose which method to use. I am not persuaded by the argument that
because the offer letter is not specifically provided for in the Constitution it cannot be
used as a means of allocating land to individuals.
I am satisfied that the Minister can issue an offer letter as a means of
allocating acquired land to an individual.
Having concluded that the Minister has the legal power or authority to issue an
offer letter, a permit or a land settlement lease, it follows that the holders of those
documents have the legal authority to occupy and use the land allocated to them by
the Minister in terms of the offer letter, permit or land settlement lease.”
“Lawful authority” means an offer letter, a permit and a land settlement lease.
The documents attached to the defence outline are not offer letters, permits or land settlement
leases issued by the acquiring authority. They do not constitute “lawful authority” providing
a defence to the charge the applicant is facing.
The applicant did not have an offer letter, a permit or a land settlement lease.
Accordingly, he had no lawful authority to occupy or continue to occupy the farm.
The
letters from the late Vice President Msika and those of the Ministry of Lands, Land Reform
and Resettlement do not constitute “lawful authority”.
“Lawful authority” in terms of the
Act begins and ends with an offer letter, a permit and a land settlement lease. A telephone
call or a letter, even from the Minister of Lands, Land Reform and Resettlement is not
“lawful authority”.
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