Gazetted Land (Consequential Provisions) Act [Chapter 20:28] No. 8/2006 ADDITIONAL MATERIAL NOTE The following additional material is not part of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28] (No. 8 of 2006) as published in the Government Gazette on 3rd November, 2006. It has been added to this document by Veritas in an effort to assist readers to follow the Act. EXTRACT FROM CONSTITUTION OF ZIMBABWE 16B Agricultural land acquired for resettlement and other purposes (1) In this section— "acquiring authority" means the Minister responsible for lands or any other Minister whom the President may appoint as an acquiring authority for the purposes of this section; "appointed day" means the date of commencement of the Constitution of Zimbabwe Amendment (No. 17) Act, 2005. [Compiler's note: the "appointed date" is the 14th September, 2005, the date on which the Constitution of Zimbabwe Amendment (No. 17) Act, 2005 (No. 5 of 2005) was published in the Gazette.] (2) Notwithstanding anything contained in this Chapter— (a) all agricultural land— (i) that was identified on or before the 8th July, 2005, in the Gazette or the Gazette Extraordinary under the proviso to section 5(1) of the Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7, being agricultural land required for resettlement purposes; or (ii) that is identified after the 8th July, 2005, but before the appointed day, in the Gazette or the Gazette Extraordinary under section 5(1) of the Land Acquisition Act [Chapter 20:10], being agricultural land required for resettlement purposes; or (iii) that is identified in terms of this section by the acquiring authority after the appointed day in the Gazette or the Gazette Extraordinary for whatever purpose, including, but not limited to— A. settlement for agricultural or other purposes; or B. the purposes of land reorganization, forestry, environmental conservation or the utilization or wild life or other natural resources; or C. the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph A or B; is acquired by and vested in the State with full title therein with effect from the appointed day or, in the case of land referred to in subparagraph (iii), with effect from the date it is identified in the manner specified in that paragraph; and (b) no compensation shall be payable for land referred to paragraph (a) except for any improvements effected on such land before it was acquired. (3) The provisions of any law referred to in section 16(1) regulating the compulsory acquisition of land that is in force on the appointed day, and the provisions of section 18(9), shall not apply in relation to land referred to in subsection (2)(a) except for the purpose of determining any question related to the payment of compensation referred to in subsection (2)(b), that is to say, a person having any right or interest in the land— (a) shall not apply to a court to challenge the acquisition of the land by the State, and no court shall entertain any such challenge; (b) may, in accordance with the provisions of any law referred to in section 16(1) regulating the compulsory acquisition of land that is in force on the appointed day, challenge the amount of compensation payable for any improvements effected on the land before it was acquired. (4) As soon as practicable after the appointed day, or after the date when the land is identified in the manner specified in subsection (2)(a)(iii), as the case may be, the person responsible under any law providing for the registration of title over land shall, without further notice, effect the necessary endorsements upon any title deed and entries in any register kept in terms of that law for the purpose of formally cancelling the title deed and registering in the State title over the land. (5) Any inconsistency between anything contained in— (a) a noticed itemised in Schedule 7; or -7-