Judgment No. CCZ 3/2016 4 Const. Application No. CCZ 123/13 The third ground on which the application was opposed was that s 71(3) of the Constitution had no bearing on the legality of the decision of the Minister because it was concerned with compulsory acquisition of property by the State and not the withdrawal of rights to occupy, hold and use State land given to a person in terms of an offer letter. The fourth ground on which the application was opposed was that the existence of the Administrative Justice Act [Cap. 10:28] gives effect to the fundamental rights enshrined in s 68(1) and (2) of the Constitution and provides an effective remedy for their protection and enforcement. All the four points raised by Mr Mpofu on behalf of the second respondent are unassailable. Section 85(1) of the Constitution in terms of which the application was made grants locus standi to the persons listed therein who allege that a fundamental right enshrined in Chapter 4 has been, is being or is likely to be infringed. Section 291 is in Chapter 16 of the Constitution. Its provisions do not enshrine a fundamental right. It provides that any person who immediately before the effective date of the new Constitution was using or occupying, or was entitled to use or occupy any agricultural land by virtue of a lease or other agreement with the State continues to be entitled to use or occupy that land on or after the effective date in accordance with the lease or other agreement. The provision was intended to put beyond doubt the fact that the coming into effect of the new Constitution did not terminate existing rights to occupy, or use agricultural land. It clearly did not interfere with the rights and obligations of the parties under the lease or any other agreement