Zimbabwe Human Rights NGO Forum
struggle was (to be re-) fought. Rather than surrender to democratic control its carefully-crafted
authoritarianism, Zanu-PF was prepared to – and effectively did - go to (undeclared) war against its
own electors.
Opposition parties, including the newly-formed MDC called for rejection of the constitutional draft
as ‘a partisan document designed to safeguard the interests of Zanu-PF’. ZAPU youths burned the
draft publicly.xvii
Both The Financial Gazette and Zimbabwe Independent openly encouraged a ‘no’ vote, in editorials
as well as reportage and letters and articles published. Just before the poll, the CC chair, Justice
Chidyausiku, accused the UK of funding the rejection campaign, which was immediately denied.
All state-owned media confidently predicted acceptance of the draft constitution.
Zanu-PF argued that a ‘no’ vote would reflect satisfaction with the existing constitution rather than a
desire to return to the drawing board on a basis different from that of the CC. A huge public dispute
developed over how to interpret a possible no vote. All parties urged a high turnout at the promised
referendum.
Changes to the Draft Constitutional Proposals
On 11 January, 300 war veterans had demonstrated in Harare for changes to the draft constitution to
enable Government to acquire land without paying compensation. Minister without Portfolio
Eddison Zvogbo reportedly advised them to address their concerns to the State President.xviii He took
the draft constitution to Zanu-PF’s Politburo (reportedly even before the war veterans’
demonstration), which agreed that clause 57 must be changed. This decision was announced by the
Minister of Justice, Legal and Parliamentary Affairs, Emmerson Mnangagwa, on 13 January 2000.
Clause 57 as originally publishedxix read as follows.
‘57
Agricultural land acquired for resettlement
(1) In the assessment of any compensation that may be payable when agricultural land is
compulsorily acquired for the resettlement of people in accordance with a programme of land
reform, the following factors must be regarded as of ultimate and overriding importance:
(a) before Independence the people of Zimbabwe were unjustifiably dispossessed of their land and
other resources without compensation;
(b) 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;
(c) the former colonial power has effectively repudiated Zimbabwe’s just claims for reparations;
(d) the people of Zimbabwe must therefore be enabled to reassert their rights and regain ownership
of their land.
(2) In view of the overriding considerations set out in sub-section (1), where agricultural land is
acquired compulsorily for the resettlement of people in accordance with a programme of land
reform, any compensation payable must reflect an equitable balance between the public interest
and the interests of those from whom the land is acquired.
(3) In the assessment of compensation for the compulsory acquisition of agricultural land, regard
must be had to the following factors:
(a) the history of the ownership, use and occupation of the land;
(b) the price paid for the land when it was last acquired;
(c) the current use to which the land is put;
(d) any investment which the State or the acquiring authority may have made which improved or
12
Select target paragraph3
Add to table of contents