Zimbabwe Human Rights NGO Forum
enhanced the value of the land;
(e) the resources available to the acquiring authority in implementing the programme of land
reform;
(f) any financial constraints that necessitate the payment of compensation in instalments over a
period of time; and
(g) any other relevant factor which may be specified in an Act of Parliament.’
On 19 January, the State President gazetted 44 ‘corrections and clarifications’ to the CC’s
previously-published draft constitution, together with the referendum dates. The most important was
the reversal of the original published provision for compensation payments for commercial farmland
acquired by the State. A completely new clause 57 made the UK responsible for compensation.xx It
violated property rights recognised internationally and was rejected by the electorate as part of an
unacceptable package. However, two months after the farm occupations had started, at their last
sitting the outgoing, Zanu-PF fourth Parliament passed it as part of the 16th Constitutional
amendment.
‘16A Agricultural land acquired for resettlement
(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 (a) under colonial domination 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 people of Zimbabwe must be enabled to reassert their rights and regain ownership of their
land;
and accordingly –
(i) 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
(ii) 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 sub-section (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 (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 cost or value of improvements on the land;
(d) the current use to which the land and any improvements on it are being put;
(e) any investment which the State or the acquiring authority may have made which improved or
enhanced the value of the land;
(f) the resources available to the acquiring authority in implementing the programme of land
reform;
(g) any financial constraints that necessitate the payment of compensation in instalments over a
period of time; and
(h) any other relevant factor which may be specified in an Act of Parliament.’
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