ACHPR
African Commission on
Human and Peoples' Rights
r..:
Human Rights our
Collective Responsibility
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membership. The Respondent State 90ntends that the situation would
have been different had Parliament been Idissolved, as this would have
been done in terms of section 63 of thJ former Constitution of Zimbabwe
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which provides that on dissolution of ~arliament, all proceedings pending
at the time shall be terminated and accordingly every bill, motion, petition
or other business shall lapse.
Alleged violation of Article 10, 11 and 13 of the African Charter
149. The Respondent State denies that tJeI Victim was targeted as alleged. It
contends that during the period in issue ther
a revolution and
landless people were occupying farms ~t their,."
Ins,,~)).ceas previously
alluded to. Thus, the Victim's farm ras Tr?" ,gete~i9f~r his .being a
member of MDC, as all other farms ,ere being '" ~'l1R!~~':!p,fJ_l1dmg>
land
belonging to indige~ous Zimbabwe~,~~;Tthe::R~sP'~~~'~ft";Sta.te£:"tijetefore
contends that the actions of the occupiers cannot.be Imp1;1te.p
on the State.
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Alleged violation of Article 14 ofJhi,,,vril;nleh":er
150. The Respondent sup~ts
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14 of the African
Charter guarantees t~E{rigl;lt prop~~t¥!'it mustjj~ noted that this right
may only be encr9s¢h~;d upon" in the interest, of public need or in the
general interest.of.the c'dinmunity\~nd in accordance with the provisions
of the laws.
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151.. The Respon(i'~~~:'i?tate
asserts i~f.at:tfe exp:o~riation was in accordance
WIth\~b~~
laws of tfr~l~t~teand w8,;.~
In the public Interest due to the need for
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property': rights, regime, .to promote I economic growth through wider
equity and efficiency gains from land rjdistribution.
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152. The Respondent therefore submits tp.at public purpose is considered by
international law to be of such overriding importance that it is allowed to
derogate from the principle of respect of private rights. As such, the
Respondent State contends that the expropriation was for a public purpose
which overrides the interests of the individual.
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Alleged violation of Article 18 of the Mriban Charter
153.
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The Respondent State denies the Complainant's assertion thJihe
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is liable for action of non-Stateactors .Jvhoinvaded the Viclirn';1§ar
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and held his wife hostage.
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