LECTURE 3 PROPERTY RIGHTS ACCORDING

TO THE CONSTITUTION OF ZIMBABWE

 Ownership

 Property rights
Ownership

 Ownership grants an owner complete and absolute

control over his property.
The owner has the following capacities;
a)Right to occupy and possess the property
b)Right to use and enjoy the property
c)Right to dispose the property
d)RIGHT TO DESPTROY THE PROPERTY
Common Law restrictions on ownership
 Much as a person is entitled to their property, there
are some restrictions that the owner must observe
Ownership is restricted by
a)Other real rights over the property
b)Personal rights binding the owner
c)Statutory control
d)Certain common law principles.
Property Rights in Line with Constitution of
Zimbabwe Amendment #20
 Section 71
Property rights
a)Property means property of any description and any right or interest
in property – Freehold/Leasehold
b)Subject to Section 72, every person has the right, in any part of
Zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease
or dispose all forms of property, either individually or in association with
others
c)Subject to Section 71 and 72, no person may be compulsorily
deprived of their property except where the following conditions are
satisfied;
i)The deprivation is in terms of law and general application
ii)The deprivation is necessary for any of the following reasons; I.
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……
-In the interest of defense, public safety, public order, public morality,
public health or town and country planning, or
-In order to develop or use that or other property for a purpose beneficial to
the community
c) The law requires the acquiring authority
i)To give reasonable notice of the intention to acquire the property to
everyone whose interest or right in the property would be affected by the
acquisition;
ii)To pay fair and adequate compensation for the acquisition before
acquiring the property or within a reasonable time after acquisition and;
iii)If the acquisition is contested, to apply to a competent court before
acquiring the property or not later than 30 days after the acquisition, for an
order confirming the acquisition.
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……..
d) The law entitles any person whose property has been acquired to
apply to a competent court for a prompt return of the property if the
court does not confirm the acquisition; and
e) The law entitles any claimant for compensation to apply to a
competent court for determination of-
i)The existence, nature and value of their interest in the property
concerned
ii)The legality of the deprivation; and
iii)The amount of compensation to which they are entitled

4. Where a person has vested or contingent right to the payment of a

pension benefit, a law which provides for the extinction of reduction of
that right as regarded, for the purposes of subsection (3), as a law
providing for the compulsory acquisition of property.
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 – cont….
 Section 72
Rights to Agricultural Land
1)In this section
“Agricultural land” means land used or suitable for agriculture, ie to say
horticulture, viticulture, forestry or aquaculture for any purpose of
husbandry including;
a)The keeping or breeding of livestock, game, poultry, animals or bees;
or
b)The grazing of livestock or game
BUT does not include Communal Land or land within the boundaries of
an urban local authority or within a township established under the law
relating to town and country planning or as defined in a low relating to
land survey
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……..
2) Where the agricultural land or any right or interest in such land is
required for public purpose, including
a)Settlement for agricultural or other purposes
b)Land reorganization, forestry, environmental conversation or the
utilization of wild life or other natural resources; or
c)The relocation of persons disposed as a result of the utilization of
land for the purpose referred to in paragraphs a) or b)
The land, right or interest maybe compulsorily acquired by the State by
notice published in the Gazette identifying the land, right or interest,
whereupon the land, right or interest vest in the State with full title with
effect from the date of publication of the notice.
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……..
3) Where agricultural land, or any right or interest in such land, is compulsorily
acquired for a purpose referred to in subsection 2
a)Subject to section 295(1) and (2), no compensation is payable in respect of its
acquisition except for improvements effected on it before its acquisition
b)No person may apply to the court for the determination of any question relating to
compensation, except for compensation of improvements effected on the land
before its acquisition and no court may entertain any such application; and
c)The acquisition may not be challenged on the ground that it is discriminatory in
contravention of Section 56
4) All agricultural land which –
a)Was itemized in schedule 7 to the former constitution; or
b)Before the effective date, was identified in terms of Section 16(B)(2)(a)(ii) or (iii) of
the former constitution
Continue to be vested in the State and no compensation is payable in respect of its
acquisition except for improvements effected on it before its acquisition
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……..
5) As soon as is practical after agricultural land is compulsorily acquired in
accordance with Subsection 2, the officer responsible for the registration of
title over land must, without further notice, effect the necessary
endorsements upon any title deed and entries in any register for the
purpose of formally cancelling the title deed and registering the State’s title
over the land
6) An Act of Parliament may make it an offence for any person, without
lawful authority, to possess or occupy agricultural land referred to in this
section or other state land.
7) In regard to the compulsory acquisition of agricultural land for the
resettlement of people in accordance with a programme of land reform, the
following factors must be regarded as of ultimate and overriding
importance-
a) Under the colonial domination, the people of Zimbabwe were unjustly
dispossessed of their land and other resources without compensation
Property Rights in Line with Constitution of
Zimbabwe Amendment #20 Cont……..
b) The people consequently took up arms in order to regain their land and political
sovereignty and this ultimately resulted in the Independence of Zimbabwe in 1980
c) The people of Zimbabwe must be enabled to re-assert their rights and regain
ownership of their land.

And accordingly-

i)The former colonial power has an obligation to pay compensation for agricultural
land compulsorily acquired for resettlement, through an adequate fund established
for the purpose; and
ii)If the former colonial power fails to pay compensation through such fund, the
Government of Zimbabwe has no obligation to pay compensation for agricultural
land compulsorily acquired for resettlement.
8) The section applies without prejudice to the obligation of the former colonial
power to pay compensation for agricultural land referred to in this section that has
been acquired for resettlement purposes.
Chapter 16 of the Constitution of Zimbabwe
289 Principles Guiding policy on agricultural land
In order to redress the unjust and unfair pattern of land ownership that was brought
about by colonialism and to bring about land reform and equitable access by all
Zimbabweans to the country’s natural resources, policies regarding agricultural land
must be guided by the following principles;
a)Land is a finite resource that forms part of Zimbabwe’s common heritage;
b)Subject to Section 72, every Zimbabwean citizen has a right to acquire, hold, occupy,
use, transfer, hypothecate, lease or dispose of agricultural land regardless of his race or
colour
c)The allocation and distribution of agricultural land must be fair and equitable, having
regard to gender balance and diverse community interests
d)The land tenure system must promote increased productivity and investment by
Zimbabweans in agricultural land
e)The use of agricultural land should promote food security, good health and nutrition
and generate employment, whilst protecting and conserving the environment for future
generations
f)No person may be deprived arbitrarily of their right to use and occupy agricultural land
Chapter 16 of the Constitution of Zimbabwe Cont…
290 Continuation of rights of State in Agricultural Land
1.All agricultural land which-
a)Was itemized in Schedule 7 of the former constitution; or
b)Before the effective date, was identified in terms of section 16B(2)(a)(i) or (ii) of the
former constitution
2) Any inconsistency between anything contained in –
a)A notice itemized in Schedule 7 to the former constitution or;
b)A notice relating to agricultural land and published in terms of section 16B(2)(a)(i) or
(ii) of the constitution
And the title deed to which it refers to or is intended to refer and any error whatsoever
contained in such a notice, does not affect the operation of subsection (1) or invalidates
the State’s title to the agricultural land concerned in terms of that subsection
291 Continuation of rights of occupiers of Agricultural Land
Subject to this constitution, any person who, immediately before the effective date, was
using or occupying, or was entitled to use or occupy any agricultural land by virtue of a
lease or any other agreement with the State continues to be entitled to use or occupy
that land on or after the effective date, in accordance with that lease or other agreement.
Chapter 16 of the Constitution of Zimbabwe Cont…
292 Security of Tenure for occupiers of Agricultural Land
The state must take appropriate measures, including legislative measures to give
security of tenure to every person lawfully owning or occupying agricultural land

293 Alienation of Agricultural Land by the State

1.The state may alienate for value any agricultural land vested in it, whether through
transfer of ownership or any other person or through the grant of a lease or other right of
occupation or use, but any such alienation must be in accordance with the principles
specified in Section 289
2.The State may not alienate more than one piece of agricultural land to the same
person and his or her dependents
3.An Act of Parliament must prescribe procedures for the alienation and allocation of
agricultural land by the State, and by any such law must be consistent with the principles
specified in Section 289
Chapter 16 of the Constitution of Zimbabwe Cont…
294 Alienation of Agricultural Land by owners and occupiers
Subject to any limitation imposed by law, an owner or occupier of agricultural land has the
right to transfer, hypothecate, lease or dispose of his or her right to agricultural land

295 Compensation for acquisition of previously acquired Agricultural Land

1.Any indigenous Zimbabwean whose agricultural land was acquired by the State before
the effective date is entitled to compensation from the State for the land and any
improvements that were on the land when it was acquired.
2.Any person whose agricultural lad was acquired by the State before the effective date
and whose property rights at that time were guaranteed or protected by an agreement
concluded by the Government of Zimbabwe with the government of another country, is
entitled to compensation by the State for the land and any improvements in accordance
with the agreement
3.Any person other than a person referred to in subsection 1 or 2, whose agricultural land
was acquired by the State before the effective date is entitled to compensation from the
State only for improvements that were on the land when it was acquired
4.Compensation payable under subsections 1, 2 & 3 must be assessed and paid in terms
of an Act of Parliament.
 Question

State and discuss the principles guiding policy on agricultural

land in terms of Section 16 of the Constitution of Zimbabwe
Amendment number 20? [15]
Thank You