Sokwanele - Zvakwana - Enough is Enough

Sokwanele Sokwanele - Zvakwana - Enough is Enough

57 | Agricultural land acquired for resettlement and other purposes

Kariba Draft Constitution

Notwithstanding anything contained in this Chapter;
1. all agricultural land –
  1. which was itemised in schedule 7 to the Constitution of Zimbabwe, 1980; or
  2. that, before the commencement of this Constitution was identified in terms of section 16B(2)(a)(ii) and (iii) of the Constitution of Zimbabwe, 1980 continues to be vested in the State;
2. all agricultural land that is identified in terms of this section by the acquiring authority after the appointed day in the Gazette or Gazette Extraordinary for whatever purpose including; but not limited to
  1. 1. settlement for agricultural or other purposes; or
    2. the purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
    3. the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or B; is acquired by and vested in the State with full title therein with effect from the date it is identified in the manner specified in that paragraph; and
3. no compensation shall be payable for the land referred to in paragraph (a) and (b) except for any improvements effected on such land before it was acquired.
The provisions of any law referred to in section 56(1) regulating the compulsory acquisition of land that is in force on the appointed day, and the provisions of sections 49, 50 and 51 shall not apply in relation to land referred to in subsection (1) except for the purpose of determining any question related to the payment of compensation referred to in subsection (1)(c), that is to say, a person having any right or interest in the land–
1. shall not apply to a court to challenge the acquisition of the land by the State, and no court shall entertain any such challenge;
2. may, in accordance with the provisions of any law. referred to in section 56(1) regulating the compulsory acquisition of land that is in force on the appointed day, challenge the amount of compensation payable for any improvements effected on the land before it was acquired.
As soon as practicable after the appointed day, or after the date when the land is identified in the manner specified in subsection 1(b), as the case may be, the person responsible under any law providing for the registration of title over land shall, without further notice, effect the necessary endorsements upon any title deed and entries in any register kept in terms of that law for the purpose of formally cancelling the title deed and registering in the State title over the land.
Any inconsistency between any thing contained in–
1. a notice itemised in Schedule 7 to the Constitution of Zimbabwe, 1980; or
2. a notice relating to land referred to in subsection (1)(a)(ii) or (1)(b); and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such notice shall not affect the operation of subsection (1) or invalidate the vesting of title in the State in terms of that provision.
An Act of Parliament may make it a criminal offence for any person, without lawful authority, to possess or occupy land referred to in this section or other State land.
This section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that was acquired for resettlement purposes.
In regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of land reform, the following factors shall be regarded as of ultimate and overriding importance —
1. under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation;
2. the people consequently took up arms in order to regain their land and political sovereignty, and this ultimately resulted in the Independence of Zimbabwe in 1980;
3. the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land; and accordingly
  1. the former colonial power has an obligation to pay compensation for agricultural land compulsorily acquired for resettlement, through an adequate fund established for the purpose; and
  2. if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement.
In view of the overriding considerations set out in subsection (7), where agricultural land is acquired compulsorily for the resettlement of people in accordance with a programme of land reform, the following factors shall be taken into account in the assessment of any compensation that may be payable —
1. the history of the ownership, use and occupation of the land;
2. the price paid for the land when it was last acquired;
3. the cost or value of improvements on the land;
4. the current use to which the land and any improvements on it are being put;
5. any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and any improvements on it;
6. the resources available to the acquiring authority in implementing the programme of land reform;
7. any financial constraints that necessitate the payment of compensation in instalments over period of time; and
8. any other relevant factor that may be specified in an Act of Parliament.
In this section– "acquiring authority" means the Minister responsible for lands or any other Minister whom the President may appoint as an acquiring authority for the purposes of this section;

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1 January 2010 - 7:26pm — Sky (not verified)

The government should not pay

The government should not pay for land that is going to benefit individuals. The beneficiaries of the land reform should pay for the improvements while the former colonial masters pay for the undeveloped land.

30 January 2010 - 9:18pm — Anonymous (not verified)

Pragmatism

Land reform and redisitribution is a necessity for Zimbabwe. However, the process used thus far has simply not worked and served to both imperil productivity and destroy Zimbabwe's reputation in Africa and the rest of the world. Consultation and fairness is the hallmark of responsibility, civil society and democracies. The constitution must protect land rights, even restoring ownership with proper requirements to effect orderly change so the productivity and employment may be restored.

1 January 2010 - 8:15pm — Unfair (not verified)

I think the former colonial

I think the former colonial masters should only pay for land if the commercial farmer who has had his land taken owned that land prior to 1980, or inherited it from a relative who owned it prior to 1980.

If the farmer bought the land himself - after 1980 and with the government's consent - then in my opinion the government cannot dishonour that agreement or else it means any assurance the government ever makes about land will be distrusted. Security of tenure is very important.

If people think it is OK for the government to take the land away from farmers who purchased it with Zimbabwe government consent (issuing certificates of no interest) after 1980 then you are getting dangerously close to saying white people do not have a right to farm in Zimbabwe ever.

That is racist and unacceptable in a modern democracy.

So we need a land audit, which not only identifies elite individuals with multiple farms, but also identifies those farmers who, in my opinion, have been lied to and cheated by this government. These are the trusting individuals who bought a farm after 1980, with a certificate of no interest, believign that the new government would honour its word. The fact that the Zanu PF government conveniently back-tracked on their word after 2000 is just WRONG --- and its an injustice we cannot blame on the former colonial master, and you cannot expect the former colonial master to pick up this debt.

Security of tenure, government agreements, and rights of all races to farm need to be upheld and protected in the new constitution.