Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
the life or well-being of the community or where there is a situation that may lead
to such emergency or disaster and makes provision that—
(a) requires the acquiring authority promptly to give reasonable notice of the
taking of possession to any person owning or possessing the property;
(b) enables any such person to notify the acquiring authority in writing that
he objects to the taking of possession;
(c) requires the acquiring authority to apply within thirty days of such
notification to the High Court or some other court for a determination of
its entitlement to take possession;
[Paragraph as amended by section 13 of Act 25 of 1981 – Amendment No. 2]
(d) requires the High Court or other court to order the acquiring authority to
return the property unless it is satisfied that the taking of possession is
reasonably justifiable, in the circumstances of any situation arising or
existing during that period or as a result of that other emergency or
disaster or that may lead to such emergency or disaster, for the purpose of
dealing with that situation;
[Paragraph as amended by section 13 of Act 25 of 1981 – Amendment No. 2]
(e) requires—
(i) when possession is no longer reasonably justifiable as referred to
in paragraph (d), wherever possible, the prompt return of the
property in the condition in which it was at the time of the taking
of possession; and
(ii) the payment within a reasonable time of fair compensation for the
taking of possession and, where appropriate, for the failure to
return the property in accordance with subparagraph (i) or for any
damage to the property;
[Subparagraph as amended by section 6 of Act 30 of 1990 – Amendment No. 11]
and
(f) enables any claimant for compensation to apply to the High Court or
some other court for the prompt return of the property and for the
determination of any question relating to compensation, and to appeal to
the Supreme Court.
[Paragraph as amended by section 13 of Act 25 of 1981 – Amendment No. 2]
(5) 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
imposes or authorises the imposition of restrictions or limitations, to the extent
permitted by paragraph 2 of Schedule 6, on the remittability of any commutation of
a pension.
[Subsection as inserted by section 3 of Act 9 of 1993 – Amendment No. 13]
(6) …
[Subsection repealed by section 6 of Act 30 of 1990 – Amendment No. 11]
(7) 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
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