CONSTITUTION OF ZIMBABWE
offence of which he has been convicted, shall not be
entitled to a stay, alteration or remission of sentence
on the ground that, since the sentence was imposed,
there has been a contravention of subsection (1).
tion of any question relating to compensation
and to appeal to the Supreme Court.
[Subsection as inserted by section 2 of Act 9 of 1993]
16 Protection from deprivation of property
(1) No property of any description or interest or
right therein shall be compulsorily acquired except
under the authority of a law that—
(a) requires—
(i) in the case of land or any interest or right
therein, that the acquisition is reasonably
necessary for the utilization of that or
any other land—
A. for settlement for agricultural or
other purposes; or
B. for purposes of land reorganization, forestry, environmental conservation or the utilization of wild
life or other natural resources; or
C. for the relocation of persons
dispossessed in consequence of the
utilization of land for a purpose referred to in subparagraph A or B;
or
(ii) in the case of any property, including
land, or any interest or right therein, that
the acquisition is reasonably necessary in
the interests of defence, public safety,
public order, public morality, public
health, town and country planning or the
utilization of that or any other property
for a purpose beneficial to the public
generally or to any section of the public;
and
[Paragraph as substituted by section 6 of Act 30 of 1990]
(b)
requires the acquiring authority to give
reasonable notice of the intention to acquire the
property, interest or right to any person owning the property or having any other interest or
right therein that would be affected by such
acquisition; and
[Paragraph as substituted by section 6 of Act 30 of 1990]
(c)
subject to the provisions of subsection (2),
requires the acquiring authority to pay fair
compensation for the acquisition before or
within a reasonable time after acquiring the
property, interest or right; and
[Paragraph as substituted by section 6 of Act 30 of 1990]
(d)
requires the acquiring authority, if the acquisition is contested, to apply to the High Court or
some other court before, or not later than thirty
days after, the acquisition for an order confirming the acquisition; and
[Paragraph as amended by section 9 of Act 15 of 1990]
(e)
enables any person whose property has been
acquired to apply to the High Court or some
other court for the prompt return of the property if the court does not confirm the acquisition,
and to appeal to the Supreme Court; and
[Paragraph as substituted by section 3 of Act 9 of 1993]
(f)
except where the property concerned is land or
any interest or right therein, enables any
claimant for compensation to apply to the High
Court or some other court for the determina-
[Paragraph as inserted by section 3 of Act 9 of 1993]
15
ss 11–14
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