Right to property

32 | Property rights

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. Everyone has the right, in any part of Zimbabwe, to acquire, hold and dispose of all forms of property, either individually or in association with others, irrespective of their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political or other opinion, custom, culture, sex, gender, marital status, age, disability or natural difference or condition or political, economic, social or other status.
  2.  No one may be compulsorily deprived of their property or of any interest over property, except where the following conditions are satisfied—
    1. the deprivation is necessary or expedient for any of the following reasons—
      1. in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement;
      2. in order to secure the development or utilisation of that or other property for a purpose beneficial to the community;
      3. in order to secure the development or utilisation of the mineral resources of Zimbabwe;
        and
    2. provision is made by law—
      1.  for the prompt payment of adequate compensation;  and
      2.  ensuring that anyone affected by the deprivation has a right of access to the High Court, either directly or on appeal from another tribunal or authority, for determining—
        A. the existence, nature and value of their interest in the property concerned;
        B. the legality of the deprivation;  and
        C. the amount of any compensation to which they are entitled,

        and for obtaining prompt payment of that compensation.
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56 | Right to property

Kariba Draft Constitution
  1. Subject to section 57, everyone's right to own or hold property and to use and enjoy their property is protected, although this right may be subordinated in the public interest or for public purposes under the authority of a law that —
    1. requires–
      1.  in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilisation of that or any other land -
        1. for settlement for agricultural or other purposes; or
        2. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
        3. for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or B; or
      2. in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any other property for a purpose beneficial to the public generally or to any section of the public; and
    2. requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and
    3. requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and
    4.  requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and
    5. enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
    6. enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court: Provided that the law need not make such provision where —
      1. the property concerned is land or any interest or right therein; and
      2. the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilisation of wild life or other natural resources; and
      3. the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
  2. Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such a right shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
  3. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question authorises the taking of possession of property compulsorily during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to such emergency or disaster and makes provision that–
    1. requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;
    2. enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
    3. requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a determination of its entitlement to take possession;
    4. requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation;
    5. requires–
      1. when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the property in the condition in which it was at the time of the taking of possession; and
      2. the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to return the property in accordance with subparagraph (i) or for any damage to the property;
    6. enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and for the determination of any question relating to compensation, and to appeal to the Supreme Court.
  4. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 5, on the remittability of any commutation of a pension.
  5. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases–
    1. in satisfaction of any tax or rate;
    2. by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in consequence of a breach of the law or in pursuance of the order of court punishing him or her for contempt of that court or of another court or tribunal or in execution of the order of the Senate or the National Assembly punishing him or her for a contempt;
    3. upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
    4. as an incident of a contract, or of a title deed to land fixed at the time of the grant between the parties to the contract, or of a title deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;
    5. in execution of the judgement or order of a court in proceedings for the determination of civil rights or obligations;
    6. by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
    7. in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
    8. as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;
    9.  by way of the taking of a sample for the purposes of a law;
    10. where the property consists of an animal, upon its being found trespassing or straying;
    11. for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
    12.  in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of –
      1. work for the purpose of the conservation of natural resources of any description; or
      2. agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;
    13.  in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;
    14. for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
    15. for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
  6. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases–
    1. for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself on behalf and for the benefit of the person entitled to the beneficial interest therein;
    2. by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organisation. which is, in the interests of defence, public safety or public order, prescribed or declared by a written law to be an unlawful organisation;
    3. by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
    4. as an incident of —
      1. a composition in solvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more than fifty per centum of the total value of proved claims; or
      2. a deed of assignment entered into by a debtor with his creditors;
    5. by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class thereof.
  7. Nothing in this section shall affect the making or operation of any law in so far as it provides for —
    1. the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefore in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or
    2. the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.
  8. Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person.
  9. Nothing in this section shall affect or derogate from –
    1. any obligation assumed by the State; or
    2. any right or interest conferred upon any person; in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisations.
  10. In this section–"acquiring authority" means the person or authority compulsorily taking possession of or acquiring the property or interest or right therein; "agricultural purposes" includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish; "land" includes anything permanently attached to or growing on land; "pensions benefits" means any pension, annuity, gratuity or other like allowance–
    1. which is payable from the Consolidated Revenue Fund to any person;
    2.  for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;
    3. for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or
    4.  for any person upon his retirement on account of age or ill-health or other termination of service;
      "piece of land" means a piece of land registered as a separate entity in the Deeds Registry: "property" includes property of any description and any right or interest in property.
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16 | Protection from deprivation of property

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. Subject to section sixteen A, no property of any description or interest or right therein shall be compulsorily acquired except under the authority of a law that— [Introductory words amended by section 2 of Act 5 of 2000 - Amendment No. 16.]
    1. requires—
      1. in the case of land or any interest or right therein, that the acquisition is reasonably necessary for the utilization of that or any other land—
        1. for settlement for agricultural or other purposes; or
        2. for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources; or
        3. for the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph A or B; or
      2. in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public; and [Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]
    2. requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and [Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]
    3. subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and [Paragraph as substituted by section 6 of Act 30 of 1990 - Amendment No. 11]
    4. requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and [Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
    5. enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and [Paragraph as substituted by section 3 of Act 9 of 1993 - Amendment No. 13]
    6. enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court: Provided that the law need not make such provision where—
      1. the property concerned is land or any interest or right therein; and
      2. the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilization of wild life or other natural resources; and
      3. the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i). [Paragraph as inserted by section 3 of Act 9 of 1993 - Amendment No. 13 and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14]
  2. … [Subsection repealed by section 2 of Act 5 of 2000 - Amendment No. 16. Original subsection substituted by section 6 of Act 30 of 1990 - Amendment No. 11 and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14]

    (2a) … [Subsection repealed by section 2 of Act 5 of 2000 - Amendment No. 16. Originally inserted by section 7 of Act No. 14 of 1996 - Amendment No. 14]

  3. Where any person, by virtue of a law, contract or scheme relating to the payment of pensions benefits, has a right, whether vested or contingent, to the payment of pensions benefits or any commutation thereof or a refund of contributions, with or without interest, payable in terms of such law, contract or scheme, any law which thereafter provides for the extinction of or a diminution in such a right shall be regarded for the purposes of subsection (1) as a law providing for the acquisition of a right in property.
  4. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question authorizes the taking of possession of property compulsorily during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community or where there is a situation that may lead to such emergency or disaster and makes provision that—
    1. requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;
    2. enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
    3. requires the acquiring authority to apply within thirty days of such notification to the High Court or some other court for a determination of its entitlement to take possession; [Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
    4. requires the High Court or other court to order the acquiring authority to return the property unless it is satisfied that the taking of possession is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster or that may lead to such emergency or disaster, for the purpose of dealing with that situation; [Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
    5. requires—
    6. when possession is no longer reasonably justifiable as referred to in paragraph (d), wherever possible, the prompt return of the property in the condition in which it was at the time of the taking of possession; and
    7. the payment within a reasonable time of fair compensation for the taking of possession and, where appropriate, for the failure to return the property in accordance with subparagraph (i) or for any damage to the property; [Subparagraph as amended by section 6 of Act 30 of 1990 - Amendment No. 11] and
    8. enables any claimant for compensation to apply to the High Court or some other court for the prompt return of the property and for the determination of any question relating to compensation, and to appeal to the Supreme Court. [Paragraph as amended by section 13 of Act 25 of 1981 - Amendment No. 2]
  5. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question imposes or authorizes the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 6, on the remittability of any commutation of a pension. [Subsection as inserted by section 3 of Act 9 of 1993 - Amendment No. 13]
  6.  ….. [Subsection repealed by section 6 of Act 30 of 1990 - Amendment No. 11]
  7. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases—
    1. in satisfaction of any tax or rate;
    2. by way of penalty for breach of any law, including any law of a foreign country which, by or in terms of an Act of Parliament, is recognised or applied for any purpose in Zimbabwe, whether under civil process or after conviction of an offence, or forfeiture in consequence of a breach of the law or in pursuance of any order referred to in section 13(2)(b); [Paragraph as amended by section 6 of Act 30 of 1990 - Amendment No. 11]
    3. upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
    4. as an incident of a contract, including a lease or mortgage, which has been agreed between the parties to the contract, or of a title deed to land fixed at the time of the grant or transfer thereof or at any other time with the consent of the owner of the land;
    5. in execution of the judgment or order of a court in proceedings for the determination of civil rights or obligations;
    6. by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
    7. in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
    8. as a condition in connection with the granting of permission for the utilization of that or other property in any particular manner;
    9. by way of the taking of a sample for the purposes of a law;
    10. where the property consists of an animal, upon its being found trespassing or straying;
    11. for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
    12. in the case of land, for so long only as may be necessary for the purpose of the carrying out thereon of—
      1. work for the purpose of the conservation of natural resources of any description; or
      2. agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;
    13. in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;
    14. for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
    15. for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
  8. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision for the acquisition of any property or any interest or right therein in any of the following cases—
    1.  for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
    2. by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organization which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
    3. by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
    4. as an incident of—
      1. a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
      2. a deed of assignment entered into by a debtor with his creditors;
    5. by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than ninetenths in value of those shares or that class thereof.
  9. Nothing in this section shall affect the making or operation of any law in so far as it provides for—
    1. the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or
    2. the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.

      (9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person. [Subsection as inserted by section 6 of Act 30 of 1990 - Amendment No. 11]
      (9b) Nothing in this section shall affect or derogate from—
      (a) any obligation assumed by the State; or
      (b) any right or interest conferred upon any person; in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organizations. [Subsection inserted by section 7 of Act No. 14 of 1996 - Amendment No. 14]

  10. In this section— “acquiring authority” means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein; “agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish; “land” includes anything permanently attached to or growing on land; [Definition as inserted by section 6 of Act 30 of 1990 - Amendment No. 11] “pensions benefits” means any pension, annuity, gratuity or other like allowance—
    1. which is payable from the Consolidated Revenue Fund to any person;
    2. for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;
    3. for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or
    4. for any person upon his retirement on account of age or ill-health or other termination of service; “piece of land” means a piece of land registered as a separate entity in the Deeds Registry.
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32 | Property

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Every person has a right to own property, either individually or in association with others, irrespective of race, sex, gender, pregnancy, tribe, colour, ethnic origin, disability, custom, marital status, religion or social, political or economic status.
  2. No person may be compulsorily deprived of property or any interest in or rights over property except that:
    1. Land is the basic resource available for food production and economic development in Zimbabwe and must therefore be used for the benefit of all the people of Zimbabwe, and
    2. the state is entitled to compulsorily acquire land or other natural resources to achieve an equitable land ownership pattern or resource redistribution either to redress past racial discrimination or for the benefit of the people of Zimbabwe, provided the acquisition is done in terms of a law prescribed for that purpose and fair and equitable compensation determined by an independent court is paid within a reasonable time and
    3. where land has been compulsorily acquired, farm workers must be given prompt and adequate compensation.
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