JUSTICE IN ZIMBABWE
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He found that the court could not reverse its earlier decision, since the applicants had
raised no new points. He said that the many factors taken into account by the Supreme
Court in reaching its previous decision did not appear to have altered. While the
government might have prepared a programme of land reform that was capable of
being implemented, the real question regarding legality was whether it was being
implemented lawfully and in accordance with legally stipulated processes. The
uncontroverted evidence put forward by the CFU showed that it was not. Haphazard
squatting could not constitute a lawful programme of land reform. The detailed and
uncontroverted evidence put forward by the CFU showed that the rule of law had not
been restored; commercial farmers were still being prevented unlawfully from
conducting their farming operations.
He ruled that Rural Land Occupiers (Protection from Eviction) Act was
unconstitutional. It violated various constitutional rights. It had deprived landowners
of their rights or interests in their land without compensation; it had allowed arbitrary
entry into property and occupation of that property; and it had deprived landowners of
their right to protection of the law and the right to freedom of association.
Mr Justice Ebrahim expressed the opinion that the majority decision seemed to have
been predicated not upon issues of law but rather upon issues of political expediency.
This view is supported by the fact that at one point in his judgment, Chief Justice
Chidyausiku had this to say:
“More importantly, land acquisition and redistribution is essentially a matter of social
justice and not strictly speaking a legal issue. The only legal issue of substance is
whether the acquisition is done within the procedures set out by the law.”
Criticism of the Majority Judgment
In the interdict case the Gubbay-led court concentrated upon the large body of
evidence that showed that land resettlement was being carried out in a violent and
chaotic manner. The majority of the Chidyausiku court, on the other hand, simply
tracked through a series of laws passed by government, some of which had been
passed after the matter had been argued, which provided a façade of legality for the
land acquisition. It largely turned a blind eye to the large body of convincing evidence
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