News / National
ConCourt overturns Supreme Court ruling
2 hrs ago | Views
The Constitutional Court (ConCourt) has ruled in favour of Umvutcha farmer Alistair Michael Fletcher, overturning a Supreme Court decision that had upheld caveats placed on his property by the Lands ministry.
Fletcher, represented by lawyer Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers, approached the ConCourt under case number CCZ 19/24 after the Supreme Court quashed a High Court judgment that had ordered the removal of caveats endorsed on his Umguza Agricultural Lots of Umvutcha and Reigate farm.
The ConCourt bench, in a ruling delivered on July 29 by Justice Ben Hlatshwayo, found that Fletcher's constitutional rights had been violated when his land was treated as agricultural property despite being classified as urban.
"In bringing this appeal, the appellant argued that the order of the court a quo violated his right to use, hold, transfer and not be compulsorily deprived of his property under section 71(2)-(3), and his right to equal protection and benefit of the law under section 56 of the Constitution of Zimbabwe," said Justice Hlatshwayo.
The judge noted that the Bulawayo City Council and the provincial planning officer had confirmed the land's urban classification, yet the state sought to compulsorily acquire it under legislation applicable to agricultural land.
"By failing to apply the proper legal standards governing urban land, the court effectively denied the appellant the protection afforded to urban property owners," Justice Hlatshwayo ruled. "This inconsistency subjected him to a legal regime not intended for his property and infringed his right to equal protection of the law."
The ConCourt further ruled that section 16B of the Constitution—which ousts courts from hearing challenges to compulsory acquisition of agricultural land—did not apply to Fletcher's case because his land was urban, not agricultural.
As a result, the court reinstated the earlier Bulawayo High Court ruling by Justice Christopher Dube Banda of June 8, 2023, which had ordered the Lands minister to cancel caveats endorsed on Fletcher's title deed (3188/83) and to pay costs.
The dispute dates back to 2000, when Fletcher's land was listed in a Government Gazette notice for compulsory acquisition. The Lands ministry subsequently caused the endorsement of multiple caveats on his property. Fletcher challenged the endorsements in the High Court, which initially ruled in his favour. However, the Supreme Court - comprising Justices Elizabeth Gwaunza, Susan Mavangira and George Chiweshe - later overturned that ruling, prompting the appeal to the ConCourt.
In his final order, Justice Hlatshwayo declared Fletcher's appeal successful, set aside the Supreme Court's ruling, and confirmed that the state had no legal basis to treat the land as agricultural for acquisition purposes.
Fletcher, represented by lawyer Bruce Masamvu of Masamvu and Da Silva-Gustavo Law Chambers, approached the ConCourt under case number CCZ 19/24 after the Supreme Court quashed a High Court judgment that had ordered the removal of caveats endorsed on his Umguza Agricultural Lots of Umvutcha and Reigate farm.
The ConCourt bench, in a ruling delivered on July 29 by Justice Ben Hlatshwayo, found that Fletcher's constitutional rights had been violated when his land was treated as agricultural property despite being classified as urban.
"In bringing this appeal, the appellant argued that the order of the court a quo violated his right to use, hold, transfer and not be compulsorily deprived of his property under section 71(2)-(3), and his right to equal protection and benefit of the law under section 56 of the Constitution of Zimbabwe," said Justice Hlatshwayo.
The judge noted that the Bulawayo City Council and the provincial planning officer had confirmed the land's urban classification, yet the state sought to compulsorily acquire it under legislation applicable to agricultural land.
"By failing to apply the proper legal standards governing urban land, the court effectively denied the appellant the protection afforded to urban property owners," Justice Hlatshwayo ruled. "This inconsistency subjected him to a legal regime not intended for his property and infringed his right to equal protection of the law."
The ConCourt further ruled that section 16B of the Constitution—which ousts courts from hearing challenges to compulsory acquisition of agricultural land—did not apply to Fletcher's case because his land was urban, not agricultural.
As a result, the court reinstated the earlier Bulawayo High Court ruling by Justice Christopher Dube Banda of June 8, 2023, which had ordered the Lands minister to cancel caveats endorsed on Fletcher's title deed (3188/83) and to pay costs.
The dispute dates back to 2000, when Fletcher's land was listed in a Government Gazette notice for compulsory acquisition. The Lands ministry subsequently caused the endorsement of multiple caveats on his property. Fletcher challenged the endorsements in the High Court, which initially ruled in his favour. However, the Supreme Court - comprising Justices Elizabeth Gwaunza, Susan Mavangira and George Chiweshe - later overturned that ruling, prompting the appeal to the ConCourt.
In his final order, Justice Hlatshwayo declared Fletcher's appeal successful, set aside the Supreme Court's ruling, and confirmed that the state had no legal basis to treat the land as agricultural for acquisition purposes.
Source - Southern Eye
