Land rights victory: State can’t just seize peri-urban land (Constitutional court)

In a landmark judgment on 29 July 2025, the Constitutional Court ruled against forced acquisition of peri-urban land without compensation.

The case involved Alistar Michael Fletcher, owner of Umguza Agricultural Lots of Umvutcha and Reigate near Bulawayo.

This land became part of Bulawayo under Statutory Instrument 212 of 1999. The government later listed it for acquisition in August 2000.

The late Minister of Lands, Kumbirai Kangai, endorsed caveats restricting Fletcher’s ability to sell or transfer the land.

Another caveat was later endorsed by the Registrar of Deeds, further complicating Fletcher’s ownership.

Fletcher challenged the legality of these caveats at the High Court under case HC 2291/08.

The court ruled in his favour, declaring the land wasn’t lawfully subject to acquisition or resettlement by the State.

Despite this judgment, the State still seized Fletcher’s land, leading him back to court.

The State appealed to the Supreme Court, which overturned the High Court decision. It relied on Section 16B of the former Constitution.

Fletcher was then granted permission to take his fight to the Constitutional Court.

State can’t just seize peri-urban land (Constitutional court)

In Fletcher v Minister of Lands & Others (CCZ 07/24), the ConCourt held hearings on 9 October 2024.

The final ruling came on 29 July 2025, delivered by Justice Ben Hlatshwayo for a seven-member bench.

The court ruled that Section 16B(3)(a) applies only to agricultural land, not urban or peri-urban land.

This means the State must pay compensation if it wants to acquire peri-urban land.

Fletcher’s land, classified as urban, cannot be taken under the land reform programme without fair compensation.

The judgment sets a clear precedent protecting peri-urban landowners from uncompensated seizures by the State.

Fletcher was represented by Advocate Thabani Mpofu, while the State was represented by Luckson Muradzikwa.

This ruling reinforces landowners’ rights to challenge unlawful acquisitions and ensures the State follows constitutional principles.

It marks an important shift in land reform, safeguarding urban and peri-urban property owners against uncompensated loss.