law for the purpose of formally cancelling the title deed and registering in the State title over the land. (4) Any inconsistency between any thing contained in– (a) a notice itemised in Schedule 7 to the Constitution of Zimbabwe, 1980; or (b) a notice relating to land referred to in subsection (1)(a)(ii) or (1)(b); and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such notice shall not affect the operation of subsection (1) or invalidate the vesting of title in the State in terms of that provision. (5) An Act of Parliament may make it a criminal offence for any person, without lawful authority, to possess or occupy land referred to in this section or other State land. (6) This section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that was acquired for resettlement purposes. (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 shall 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 reassert their rights and regain ownership of their land; 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) In view of the overriding considerations set out in subsection (7), 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 period of time; and - 34 -