Judgment No. CCZ 3/2016 1
Const. Application No. CCZ 123/13
MARGARET
(1)
THE
MINISTER
ZINYEMBA
v
OF LANDS AND RURAL
(2) YAKUB MOHAMED
RESETTLEMENT
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC,
GWAUNZA JCC, GARWE JCC, GOWORA JCC,
HLATHSWAYO JCC, GUVAVA JCC & MAVANGIRA JCC
HARARE, JUNE 4, 2014 & JUNE 24, 2016
M H Chibanda with P Mangwana, for the applicant
T Mpofu, for the second respondent
MALABA DCJ:
This is an application in terms of s 85(1)(a) of the
Constitution of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) alleging that the
applicant’s fundamental right to administrative conduct that is lawful, prompt, efficient,
reasonable, proportionate, impartial and both substantively and procedurally fair enshrined in
s 68(1) of the Constitution has been infringed. The cause of the alleged infringement is the
decision by the first respondent to withdraw an offer letter given to the applicant to occupy a
piece of agricultural land without giving her an opportunity to be heard on the proposed
withdrawal of the offer letter.
The background facts are that on 30 August 2002 the Government compulsorily
acquired Lot 1 of the whole of Manyewe Farm in Mazowe District of Mashonaland Central