constituteproject.org PDF generated: 26 Sep 2013, 21:48 (4) All agricultural land which-(a) was itemised in Schedule 7 to the former Constitution; or (b) before the effective date, was identified in terms of section 16B(2)(a)(ii) or (iii) of the former Constitution; continues to be vested in the State, and no compensation is payable in respect of its acquisition except for improvements effected on it before its acquisition. (5) As soon as practicable after agricultural land is compulsorily acquired in accordance with subsection (2), the officer responsible for the registration of title over land must, without further notice, effect the necessary endorsements upon any title deed and entries in any register for the purpose of formally cancelling the title deed and registering the State's title over the land. (6) An Act of Parliament may make it an offence for any person, without lawful authority, to possess or occupy agricultural land referred to in this section or other State land. (7) 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 must 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 re-assert their rights and regain ownership of their land; (c) 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. (8) This section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that has been acquired for resettlement purposes. 73 Environmental rights (1) Every person has the right-(a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that-(i) prevent pollution and ecological degradation; (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting economic and social development. Zimbabwe 2013 Page 29