CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005
(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
authorizes 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[Subsection repealed by section 6 of Act 30 of 1990 - Amendment No. 11]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
provision for the acquisition of any property or any interest or right therein in any of
the following cases—
(a) in satisfaction of any tax or rate;
(b) by way of penalty for breach of any law, including any law of a foreign
country which, by or in terms of an Act of Parliament, is recognised or applied for any purpose in Zimbabwe, whether under civil process or after
conviction of an offence, or forfeiture in consequence of a breach of the law
or in pursuance of any order referred to in section 13(2)(b);
[Paragraph as amended by section 6 of Act 30 of 1990 - Amendment No. 11]
Reissue
16
14th September, 2005
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