Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
precious stones which are vested in the President on terms which provide
for the respective interests of the persons affected;
(o) for the purposes of, or in connection with, the exploitation of underground
water or public water which is vested in the President on terms which
provide for the respective interests of the persons affected;
except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a democratic society.
(8) Nothing contained in or done under the authority of any law shall be held
to be in contravention of subsection (1) to the extent that the law in question makes
provision for the acquisition of any property or any interest or right therein in any
of the following cases—
(a) for the purpose of the administration, care or custody of any property of a
deceased person or a person who is unable, by reason of any incapacity,
to administer it himself, on behalf and for the benefit of the person
entitled to the beneficial interest therein;
(b) by way of the vesting or administration of any property belonging to or
used by or on behalf of an enemy or any organisation which is, in the
interests of defence, public safety or public order, proscribed or declared
by a written law to be an unlawful organisation;
(c) by way of the administration of moneys payable or owing to a person
outside Zimbabwe or to the government of some other country where
restrictions have been placed by law on the transfer of such moneys
outside Zimbabwe;
(d) as an incident of—
(i) a composition in insolvency accepted or agreed to by a majority in
number of creditors who have proved claims and by a number of
creditors whose proved claims represent in value more that fifty
per centum of the total value of proved claims; or
(ii) a deed of assignment entered into by a debtor with his creditors;
(e) by way of the acquisition of the shares, or a class of shares, in a body
corporate on terms agreed to by the holders of not less than nine-tenths in
value of those shares or that class thereof.
(9) Nothing in this section shall affect the making or operation of any law in
so far as it provides for—
(a) the orderly marketing of any agricultural produce or mineral or any article
or thing prepared for market or manufactured therefor in the common
interests of the various persons otherwise entitled to dispose of that
property or for the reasonable restriction of the use of any property in the
interests of safeguarding the interests of others or the protection of lessees
or other persons having rights in or over such property; or
(b) the taking of possession or acquisition in the public interest of any
property or any interest or right therein where that property, interest or
right is held by a body corporate established directly by law for a public
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