S C SHAW (PVT) LTD v MINISTER OF LANDS 2005 (2) ZLR 153 (S)
Citation | 2005 (2) ZLR 153 (S) |
Case No | Judgment No. S-32-05 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Sandura JA, Ziyambi JA, Malaba JA & Gwaunza JA |
Heard | 10 March 2005 |
Judgment | 12 September 2005 |
Counsel | A P de Bourbon SC, with him J B Colegrave, for the appellant |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16(1)(a) — acquisition of land — requirement for acquisition to be "reasonably necessary" for one of purposes stated — provision of Land Acquisition Act [Chapter 20:10] effectively fettering Administrative Court's discretion to determine whether acquisition "reasonably necessary" — such provision not constitutional
Court — contempt of — unsubstantiated allegations by counsel of improper pressures brought to bear on judges — such allegations scandalizing court and constituting contempt
Land — acquisition — Land Acquisition Act [Chapter 20:10] — s 7 — need for acquisition to be "reasonably necessary" for one of purposes set out in section — amendment to Act effectively restricting Administrative Court's discretion to determine whether acquisition "reasonably necessary" — unconstitutionality of amendment
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