S v Rodgers (G 818 of 2013; HB 47 of 2015; HCB 665 of 2013; XREF HC 3187 of 2013) [2015] ZWBHC 47 (12 March 2015)

S v Rodgers (G 818 of 2013; HB 47 of 2015; HCB 665 of 2013; XREF HC 3187 of 2013) [2015] ZWBHC 47 (12 March 2015)

Prior to the promulgation of the Agricultural Land Settlement (Permit Terms and Conditions) Regulations of 2014, there was no legislative requirement that a permit be in writing. The appellant's occupation was based on reasonable belief and official advice, thus the conviction was unsafe.

Citation
[2015] ZWBHC 47
Parties
Appellant: Dudley Rodgers; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
12 March 2015
Case Number
G 818 of 2013 ; HB 47 of 2015 ; HCB 665 of 2013 ; XREF HC 3187 of 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed; conviction and sentence set aside.
Legal Topics
Gazetted Lands, Permits, Unlawful Occupation, Retrospective Legislation, Claim of Right
Source Language
English
Criminal Law Land Law Gazetted Lands Permits Unlawful Occupation Retrospective Legislation Claim of Right

Case Brief

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Parties

Dudley Rodgers

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a permit under the Gazetted Lands (Consequential Provisions) Act must be in writing
  2. 2 Whether the appellant was in unlawful occupation of the property
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

Prior to the promulgation of the Agricultural Land Settlement (Permit Terms and Conditions) Regulations of 2014, there was no legislative requirement that a permit be in writing. The appellant's occupation was based on reasonable belief and official advice, thus the conviction was unsafe.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • The appeal is allowed.
  • The conviction and sentence are set aside.