(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;
(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;
(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;
(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.
(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 imposes or authorises the
imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 5,
on the remittability of any commutation of a pension.
(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 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 the order of court punishing
him or her for contempt of that court or of another court or tribunal or in execution of
the order of the Senate or the National Assembly punishing him or her for a contempt;
(c) upon the removal or attempted removal of the property in question out of or into
Zimbabwe in contravention of any law;
(d) as an incident of a contract, or of a title deed to land fixed at the time of the grant
between the parties to the contract, or of a title deed to land fixed at the time of the
grant or transfer thereof or at any other time with the consent of the owner of the land;
(e) in execution of the judgement or order of a court in proceedings for the determination
of civil rights or obligations;
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