CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
(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 - Amendment No. 10]
(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 - Amendment No. 13]
(f) enables any claimant for compensation to apply to the High Court or some
other court for the determination of any question relating to compensation
and to appeal to the Supreme Court:
Provided that the law need not make such provision where—
(i) the property concerned is land or any interest or right therein; and
(ii) the land is substantially unused or is used wholly or mainly for
agricultural purposes or for environmental conservation or the utilization of wild life or other natural resources; and
(iii) the land or interest or right therein, as the case may be, is acquired
for a purpose referred to in paragraph (a)(i).
[Paragraph as inserted by section 3 of Act 9 of 1993 - Amendment No. 13
and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14]
(2) …
[Subsection repealed by section 2 of Act 5 of 2000 - Amendment No. 16.
Original subsection substituted by section 6 of Act 30 of 1990 - Amendment No. 11
and amended by section 7 of Act No. 14 of 1996 - Amendment No. 14]
(2a) …
[Subsection repealed by section 2 of Act 5 of 2000 - Amendment No. 16.
Originally inserted by section 7 of Act No. 14 of 1996 - Amendment No. 14]
(3) Where any person, by virtue of a law, contract or scheme relating to the
payment of pensions benefits, has a right, whether vested or contingent, to the
payment of pensions benefits or any commutation thereof or a refund of contributions, with or without interest, payable in terms of such law, contract or scheme, any
law which thereafter provides for the extinction of or a diminution in such a right shall
be regarded for the purposes of subsection (1) as a law providing for the acquisition of
a right in property.
(4) 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 authorizes
the taking of possession of property compulsorily during a period of public emergency
or in the event of any other emergency or disaster that threatens the life or wellbeing 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;
Reissue
15
14th September, 2005
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