CMAL (PVT) LTD v MINISTER OF LANDS & ANOR 2016 (2) ZLR 389 (H)

Flynote

Land: " acquisition " agricultural land " what constitutes agricultural land " land unsuitable for cropping but used for keeping animals

Headnote

The applicant was the owner of a farm close to the Harare city boundary. It was served with a notice of intention to acquire the land in terms of s 5 of the Land Acquisition Act [Chapter 20:10] and an order of acquisition was granted. The applicant challenged the acquisition on the ground that the land was not suitable for agricultural purposes as it consisted of a rocky hill and was used for dwellings and horses were kept there for riding. Since the State acquiring the land in 2001 no-one had been allocated the land or issued with an offer letter.

Held, that although the acquisition of land within the provisions of the Constitution cannot be challenged in a court of law, where the Minister has acted outside the provisions of the law, that can be challenged and the court can nullify such acquisition.

Held, further, that although the Minister did not dispute the applicant's contention in its founding affidavit that the land was not agricultural, the definition of "agricultural land" included land used for keeping animals. The applicant had admitted that it was doing horse breeding for the purpose of riding on the farm. Accordingly this met the definition of "agricultural land" and the application was dismissed.