JUSTICE IN ZIMBABWE
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103
Section 24. The Supreme Court found this provision to be constitutional in the case of Biti & Anor v
Minister of Home Affair & Anor S-9-2002. This provision, it said, was reasonably justifiable in a
democratic society as it allowed the regulating authority a reasonable opportunity of anticipating or
preventing any public disorder or any breach of the peace and was also necessary to ensure that the
gathering concerned did not unduly interfere with the rights of other people or lead to an obstruction of
traffic, a breach of the peace or public disorder.
104
Section 26(1) of the Act.
105
Section 27(1) of the Act.
106
Section 32 of the Act.
107
This section consists of extracts of a forthcoming article entitled The Land Cases in Zimbabwe. The
article deals in some detail with the background and context of the judgments by the courts in the land
cases. The full article will be published in the Zimbabwe Human Rights Bulletin.
108
The present Chief Justice, Mr Justice Chidyausiku, clearly believes that these invasions were
spontaneous rather than state orchestrated. In a speech to a conference of Chief Justices in South Africa
in August 202 he said that the situation exploded over land because of resistance from the white
farmers to land resettlement. “People started invading their lands and the whole situation really became
ugly,” he said.
109
At page 480G of the report.
110
At pages 486H to 487A.
111
At page 482G to H.
112
At page 479E.
113
At page 486G.
114
At page 480C to D.
115
Commercial Farmers’ Union v Mhuriro & Ors 2000 (2) ZLR 405 (S).
116
That is still the law at the time of writing, though Government intends to amend the Class Action
Act to allow class actions to be instituted in the Supreme Court. See clause 13 of the General Laws
Amendment (No 2) Bill , 2002 (HB 5, 2002)
117
S-55-2001
118
S-111-2001.
119
The effect of this piece of legislation was to protect from eviction all farm occupiers who had
occupied farms in anticipation of re-settlement. It suspended the operation of court orders ordering the
eviction of settlers and it precluded the courts from ordering the eviction of these occupiers. It also
protected the settlers against criminal and civil liability for unlawful occupation of properties and
damage caused on the properties.
120
It has been reported (The Herald, 12 September 2002) that the government intends to amend the
Land Acquisition Act further, to increase the fines for farmers who resist eviction and to validate
retrospectively preliminary notices of acquisition which were issued without notification to bondholders as required by the Act. If the Herald’s report is accurate, the proposed amendment will
seriously prejudice bond-holders. The amendment will also allow eviction on seven days’ notice, where
a previous notice of acquisition has been set aside.
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