CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17
(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 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⎯
(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 and any improvements
on it;
(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 that may be specified in an Act of Parliament.
[Section inserted by section 3 of Act 5 of 2000 - Amendment No. 16.]
16B
Agricultural land acquired for resettlement and other purposes
(1) In this section—
"acquiring authority" means the Minister responsible for lands or any other Minister whom the President may appoint as an acquiring authority for the purposes of this section;
"appointed day" means the date of commencement of the Constitution of Zimbabwe Amendment (No. 17) Act, 2005.
[Compiler's note: the 14th September, 2005, the date on which the Constitution of Zimbabwe
Amendment (No. 17) Act, 2005 (No. 5 of 2005) was published in the Gazette.]
(2) Notwithstanding anything contained in this Chapter—
(a) all agricultural land—
(i) that was identified on or before the 8th July, 2005, in the Gazette or
the Gazette Extraordinary under the proviso to section 5(1) of the
Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7, being agricultural land required for resettlement purposes; or
(ii) that is identified after the 8th July, 2005, but before the appointed
day, in the Gazette or the Gazette Extraordinary under section 5(1)
of the Land Acquisition Act [Chapter 20:10], being agricultural land required for resettlement purposes; or
Consolidation
20
14th September, 2005
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