39 resolved by Constitutional Amendment Number 17: 48 the issue of the ownership of land is separate from unlawful injuries and damages incurred during nationalization of the land, and neither can these be wished away as unfortunate consequences of the land reform process. Whatever the view about land reform and its necessity, it cannot be the case that terrible things can be done during this process without any possibility of redress. A majority of Zimbabweans have suffered as a consequence of the land reform process, which has placed the economy in a parlous state and created an enormous humanitarian crisis. Whilst no Zimbabweans dispute the necessity for land reform, few believe that the violence and the violations of rights were necessary to achieve reform. Whatever the merits or demerits of the actual land reform process, it remains the case that there can be no impunity ever for gross human rights violations, and hence there must be some process of accountability for the violations that occurred during the land reform exercise. Quite obviously this accountability must involve both criminal and civil actions, and, both groups must be supported in obtaining redress for the violations they have experienced and the losses they have suffered. 48 One of the provisions of Act 5 of 2005, passed on 14 September 2005, provided for the compulsory acquisition of land, including all land acquired up to this date, the payment of compensation only for improvements, and disallowed any legal challenge by those disposed. A Preliminary Report on Human Rights Violations on Commercial Farms, 2000 to 2005.

Select target paragraph3

Add to table of contents