Mike Campbell (Pvt) Ltd and William Michael Campbell v. Minister of National Security Responsible for Land, Land Reform and Resettlement and Attorney-General

Abstract

Relationship of international law and municipal law — Treaties — International human rights instruments requiring incorporation into Zimbabwean law in accordance with Section 111B(1) of Constitution — Zimbabwe Legislature having power to make laws for peace, order and good government of Zimbabwe — Whether sovereign State having power to acquire private property compulsorily within its territory for public purposes — Land reform programme in Zimbabwe — Expropriation — Colonial history — Constitution of Zimbabwe — Controlled Constitution — Provisions — Interpretation — Amendment 17 inserting Section 16B into Constitution — Respondents compulsorily acquiring agricultural land belonging to applicants under Section 16B of Constitution — Whether enactment of Amendment 17 violating Constitution — Whether acquisition of applicants’ agricultural land violating Declaration of Rights contained in Constitution — Constitution of Zimbabwe, Sections 11, 16(1), 18(1), 18(9) and 23(1) — Nature of rights in Constitution — Entitlement to rights subject to Section 52(1) of Constitution — Whether Legislature properly exercising its powers — Whether Constitution barring Legislature from removing right to property in agricultural land and right to remedies for protection of that right

Human rights — Right to property — Fundamental right of property in agricultural land — Sections 11 and 16(1) of Constitution of Zimbabwe — Whether Zimbabwe having power to acquire private property compulsorily within its territory for public purposes — Respondents compulsorily acquiring agricultural land belonging to applicants under Section 16B of Constitution introduced by Amendment 17 — Whether fundamental rights immutable — Protection of right to property — Section 52(1) of Constitution — Section 18(1) and (9) of Constitution of Zimbabwe — Whether acquisition of applicants’ private agricultural land lawful

Human rights — Right to remedies — Right to protection of law — Right to fair hearing and determination of civil rights or obligations by court of law — Section 18(1) and (9) of Constitution of Zimbabwe — Section 16B(3) of Constitution introduced by Amendment 17 amending Section 18(1) and (9) of Constitution — Section 16B(3) of Constitution ousting jurisdiction of courts — Whether Section 16B(3) complying with Section 52(1) of Constitution — Whether question of protection of individual’s right to private property under Constitution judicial in character — Whether failure by respondents to pay fair compensation within reasonable time invalidating acquisition made within terms of Section 16B(2)(a) of Constitution — The law of Zimbabwe