admin
This is because the draft is imminently the constitution that will be governing the rights of the people of Zimbabwe into the future.
Land in the draft constitution includes anything permanently attached and growing on the land and agricultural land refers to land suitable for agriculture.
That is to say land suitable for horticulture, viticulture, forestry or aquaculture or for purposes of animal husbandry including the keeping and breeding of livestock, game, poultry, animals, bees or the grazing of livestock or game.
Agricultural land does not include communal land or land within the boundaries of an urban local authority or within a township established under a law relating to town and country planning or in a law relating to land survey.
Where the agricultural land or interest in such land is required for a public purpose which may include settlement for agricultural or other purposes, land reorganisation, forestry, environmental conservation or the utilisation of wildlife or other natural resources the land, right or interest may be compulsorily acquired by the State by notice published in the Gazette identifying the land, right or interest, whereupon the land right or interest will henceforth vest in the State from the date of publication of the notice.
Where the agricultural land is compulsorily acquired for such purposes by the State, no compensation is payable in respect of acquisition except for compensation of improvements affected on the land before the acquisition and no court may entertain an application for compensation of compulsorily acquired agricultural land.
The compulsory acquisition of agricultural land by the State may not be challenged on the constitutional right to equality and non-discrimination.
All agricultural land, which is itemised in Schedule 7 of the current Constitution, will continue to be vested in the State.
Those affected by the compulsory acquisition of agricultural land will also not be entitled to compensation in respect of its acquisition except for the improvements which where effected on it before its acquisition.
The draft constitution allows for an Act of Parliament to make it an offence for any person without lawful authority to possess or occupy agricultural or State land, which has been compulsorily acquired.
It becomes State land as after compulsory acquisition the officer responsible for registration must without further notice, effect the necessary endorsements upon any title deed or any register for the purposes of registering the State’s title over the land.
With regard to the compulsory acquisition of agricultural land for the resettlement of people in line with Land Reform Programme according to the draft constitution, it must be regarded as of ultimate and overriding importance that under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other natural resources without compensation.
This led to the people taking arms to regain their land and political sovereignty, which ultimately resulted in Independence in 1980. It therefore follows that the people of Zimbabwe must be allowed to reassert their rights and regain ownership of their land.
It becomes therefore the obligation of the former colonial power to pay compensation for agricultural land compulsorily acquired for resettlement.
If the former colonial power fails to pay the compensation through a fund established for that purpose, the Government of Zimbabwe has no obligation to pay for agricultural land compulsorily acquired for resettlement.
This is the position of the draft constitution in relation to agricultural land as separated from that, which relates to property rights
l Vengai Madzima is a property investment consultant and analyst and writes in his personal capacity. He can be contacted on 0772 468093 or [email protected]
Online Reporter