Constitutional Court Stops The Government From Seizing Peri-Urban Land Without Compensation

Case Background: Fletcher vs. Lands Ministry

The pivotal case centered on a disputed 1999 acquisition of Alistair Fletcher’s titled property near Bulawayo’s Joshua Mqabuko Nkomo International Airport. Despite being officially incorporated into Bulawayo’s municipal boundaries, authorities attempted to classify the Umguza Agricultural Lots as farmland subject to uncompensated seizure under land reform statutes.

Legal representative Advocate Thabani Mpofu successfully argued that urban-designated land falls outside the scope of agricultural redistribution laws. The Court agreed, overturning a previous Supreme Court decision that had favored the Lands Ministry’s position.

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Constitutional Court Stops The Government From Seizing Peri-Urban Land Without Compensation

Justice Benjamin Hlatshwayo’s ruling established several critical precedents. Urban and peri-urban properties cannot be acquired under agricultural land reform provisions. The courts maintain jurisdiction over disputes involving urban land acquisitions. Fair compensation remains mandatory for any state acquisition of urban-designated land

“Section 16B applies exclusively to agricultural land and cannot be arbitrarily extended to urban peripheries,” the judgment stated, referencing the constitutional clause governing land reforms.

Broader Implications for Property Rights

The decision carries significant consequences for Urban Development, Landowners and Government Policy.

Legal experts hail the verdict as restoring constitutional balance in property matters.

“This affirms that no government action stands above judicial review,” commented property law specialist Tendai Biti.

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Judgment’s Future Impact on Land Reform

The ruling necessitates careful reassessment of how authorities handle land acquisitions near Zimbabwe’s growing urban centres. While not prohibiting legitimate expropriations, the judgment mandates proper classification of land use before acquisition attempts, adherence to standard expropriation procedures for urban land and payment of fair compensation where takings occur.

As Zimbabwe’s cities continue expanding, this decision establishes crucial safeguards against arbitrary land seizures while recognising legitimate urban development needs.