CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
(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—
(a) 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;
(b) 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;
(c) 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;
(d) as an incident of—
(i) 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
(ii) a deed of assignment entered into by a debtor with his creditors;
(e) 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.
(9) Nothing in this section shall affect the making or operation of any law in so far
as it provides for—
(a) 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
(b) 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
Consolidation
18
14th September, 2005
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