ss 14–16
CONSTITUTION OF ZIMBABWE
(2) A law referred to in subsection (1) which
provides for the compulsory acquisition of land or any
interest or right therein may—
(a) specify the principles on which, and the
manner in which, compensation for the acquisition of the land or interest or right therein is
to be determined and paid;
(b) fix, in accordance with principles referred to in
paragraph (a), the amount of compensation
payablefor the acquisition of the land or interest or right therein;
(c) fix the period within which compensation shall
be paid for the acquisition of the land or interest or right therein;
and no such law shall be called into question by any
court on the ground that the compensation provided
by that law is not fair.
(ii) the payment within a reasonable time of
fair compensation for the taking of possession and, where appropriate, for the
failure
to
return
the
[Subsection as substituted by section 6 of Act 30 of 1990]
(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 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]
(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]
(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
16
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