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(e) the law entitles any claimant for compensation to apply to a competent court for the
determination of-(i) the existence, nature and value of their interest in the property concerned;
(ii) the legality of the deprivation; and
(iii) the amount of compensation to which they are entitled;
(e) and to apply to the court for an order directing the prompt payment of any compensation.
(4)
Where a person has a vested or contingent right to the payment of a pension benefit, a law which
provides for the extinction or diminution of that right is regarded, for the purposes of subsection (3),
as a law providing for the compulsory acquisition of property.
72 Rights to agricultural land
(1)
In this section-• "agricultural land" means land used or suitable for agriculture, that is to say for horticulture,
viticulture, forestry or aquaculture or for any purpose of husbandry, including-(a) the keeping or breeding of livestock, game, poultry, animals or bees; or
(b) the grazing of livestock or game;
• but does not include Communal Land or land within the boundaries of an urban local authority or
within a township established under a law relating to town and country planning or as defined in
a law relating to land survey;
• "land" includes anything permanently attached to or growing on land;
• "piece of agricultural land" means a piece of agricultural land registered as a separate piece of
land in a Deeds Registry.
(2)
Where agricultural land, or any right or interest in such land, is required for a public purpose,
including-(a) settlement for agricultural or other purposes;
(b) land reorganisation, forestry, environmental conservation or the utilisation of wild life or other
natural resources; or
(c) the relocation of persons dispossessed as a result of the utilisation of land for a purpose referred
to in paragraph (a) or (b);
the land, right or interest may be compulsorily acquired by the State by notice published in the
Gazette identifying the land, right or interest, whereupon the land, right or interest vests in the State
with full title with effect from the date of publication of the notice.
(3)
Where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose
referred to in subsection (2)-(a) no compensation is payable in respect of its acquisition, except for improvements effected on it
before its acquisition;
(b) no person may apply to court for the determination of any question relating to compensation,
except for compensation for improvements effected on the land before its acquisition, and no
court may entertain any such application; and
(c) the acquisition may not be challenged on the ground that it was discriminatory in contravention
of section 56.
Zimbabwe 2013
Page 28
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