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16A | Agricultural land acquired for resettlement

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. 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.
  2. In view of the overriding considerations set out in subsection (1), 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 a period of time; and
    8. any other relevant factor that may be specified in an Act of Parliament. [Section inserted by section 3 of Act 5 of 2000 - Amendment No. 16.]
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