JUSTICE IN ZIMBABWE
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SECTION B – SPECIFIC CASES
Topic 1
1. THE LAND CASES107
Introduction
War veteran led occupations of white owned farms started to occur at the end of
February 2000. The occupiers were assisted to carry out these occupations by various
government agencies who provided transport and monthly stipends to the occupiers.
Within a short space of time people had occupied farms throughout the country. 108
Once on these farms, the occupiers often perpetrated acts of violence or threatened
violence against the commercial farmers and farm workers. The government of
Zimbabwe portrayed these occupations as a manifestation by land-hungry people of
their impatience with the slow pace of land redistribution and accelerated the process
of acquisition of farms for re-settlement via the Land Acquisition Act.
Commercial farmers, usually represented by the Commercial Farmers Union (CFU),
brought a series of court cases seeking protection from illegal actions by the
occupiers, or sought rulings that the government had failed to follow its own laws in
attempting to acquire farms for resettlement. The survey that follows deals mainly
with the contrasting Supreme Court cases.
The interdict case
This case is reported as Commercial Farmers Union v Minister of Lands & Ors 2000
(2) ZLR 469 (S). The CFU applied to the Supreme Court, sitting as a constitutional
court, for a declaration that the government’s land acquisition exercise was not being
undertaken in accordance with a programme of land reform, as required by the
Constitution, and sought an interdict preventing the government from taking further
steps to acquire land for resettlement until a proper programme had been put in place.
Select target paragraph3
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