ConCourt Rules Against State Acquisition Of Peri-Urban Land Without Compensation

In a landmark judgment delivered on 29 July 2025, the Constitutional Court (ConCourt) ruled that the State cannot compulsorily acquire peri-urban land under the land reform programme initiated in 2000 without paying compensation.

The court further ruled that Section 16B(3)(a) of the Constitution, which bars legal challenges to land acquisitions, applies only to agricultural land and not to peri-urban or urban land. This means that affected landowners retain the right to legally challenge such acquisitions.

The case centred on Alistar Michael Fletcher, the owner of a parcel of land known as Umguza Agricultural Lots of Umvutcha and Reigate, which had been incorporated into the City of Bulawayo under Statutory Instrument 212 of 1999.

On 25 August 2000, the government listed the land for acquisition through General Notice 405 of 2000 in the Extraordinary Gazette.

Subsequently, the then Minister of Lands, the late Kumbirai Kangai, endorsed caveats (844/2000 and 77/2019) on Fletcher’s title deeds, restricting the sale or transfer of the property. A third caveat (XN 26/2017) was later endorsed by the Registrar of Deeds.

In response, Fletcher approached the High Court in case HC 2291/08, challenging the legality of the caveats. The court ruled in his favour, declaring that the land was not subject to lawful acquisition or resettlement by the State and ordered the minister to cease any action related to its subdivision or acquisition.

Despite this, the State later proceeded to seize the land. Fletcher returned to the High Court to enforce his rights, but the State appealed to the Supreme Court, which reversed the earlier decision and ruled that the land belonged to the State, citing Section 16B of the former Constitution.

Fletcher was granted leave to appeal to the Constitutional Court. In the matter of Fletcher v Minister of Lands & Others (CCZ 07/24), the ConCourt held hearings on 9 October 2024 and delivered its final ruling on 29 July 2025.

In a unanimous decision delivered by Justice Ben Hlatshwayo on behalf of the seven-member bench, the court ruled that Section 16B(3)(a) only applies to agricultural land. Since Fletcher’s land is classified as urban, the State is required to provide compensation if it intends to acquire it.

The judgment establishes a significant precedent: the State cannot acquire peri-urban land under the guise of land reform without compensating the affected landowners.

Fletcher was represented by Advocate Thabani Mpofu, while the Minister of Lands and the Registrar of Deeds were represented by Luckson Muradzikwa.

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