S v STANDER 2016 (2) ZLR 329 (C)

Flynote

Constitutional law: " Constitution of Zimbabwe 2013 " Declaration of Rights " freedom from psychological torture and such like treatment (s 53) " unlawful deprivation of property without compensation (s 72(3)) " rights of persons with disabilities (s 83) " eviction of disabled farmer from D farm after acquisition, without prior payment of compensation " not a breach of Declaration of Rights

Headnote

The applicant was charged in the magistrates court with occupying gazetted land without lawful authority, in contravention of s 3(2) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:08]. The applicant raised a number of constitutional questions which the magistrate referred to the Constitutional Court for determination. The questions were: whether the eviction of the applicant from the farm without paying him for improvements on the land amounted to unlawful deprivation of property in terms of s 72(3) of the Constitution; whether eviction of the physically disabled applicant was in breach of obligations imposed by ss 2 and 83 of the Constitution; whether eviction without first paying compensation amounted to physical or psychological torture, or cruel inhuman or degrading treatment or punishment in violation of s 53 of the Constitution.

Held, that no law required the State to pay the former owner of compulsorily acquired agricultural land compensation for improvements before eviction.

Held, further, that the applicant could not claim the benefit of the protection of the rights of disabled persons in terms of s 83 of the Constitution to defeat the enforcement of the obligation imposed on him by s 3(2)(a) of the Gazetted Land (Consequential Provisions) Act. Held, further, that there was nothing inhuman or degrading in aprocess the purpose and effect of which was the prevention of a continued commission of a crime. The eviction of a former owner of compulsorily acquired agricultural land was an exercise of power sanctioned by the Constitution and could not be said to be in contravention of fundamental rights included in the Constitution.