Difference between revisions of "The Constitution of Zimbabwe"

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A. for settlement for agricultural or other purposes; or
 
A. for settlement for agricultural or other purposes; or
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B. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
 
B. for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
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C. for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or B;
 
C. for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph A or B;
 
or
 
or
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(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any other property for a purpose beneficial to the public generally or to any section of the public;
 
(ii) in the case of any property, including land, or any interest or right therein, that the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any other property for a purpose beneficial to the public generally or to any section of the public;
 
and
 
and
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(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
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(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and
 
(b) requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owning the property or having any other interest or right therein that would be affected by such acquisition; and
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(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
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(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and
 
(c) subject to the provisions of subsection (2), requires the acquiring authority to pay fair compensation for the acquisition before or within a reasonable time after acquiring the property, interest or right; and
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(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Paragraph as substituted by s.6 of Act 30 of 1990 - Amdmt No.11)
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(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and
 
(d) requires the acquiring authority, if the acquisition is contested, to apply to the High Court or some other court before, or not later than thirty days after, the acquisition for an order confirming the acquisition; and
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(Paragraph as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
 
(Paragraph as amended by s.9 of Act 15 of 1990 - Amdmt No.10)
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(e) enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
 
(e) enables any person whose property has been acquired to apply to the High Court or some other court for the prompt return of the property if the court does not confirm the acquisition, and to appeal to the Supreme Court; and
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[Paragraph as substituted by s.3 of Act 9 of 1993 - Amdmt No.13]
 
[Paragraph as substituted by s.3 of Act 9 of 1993 - Amdmt No.13]
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(f) enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court:
 
(f) enables any claimant for compensation to apply to the High Court or some other court for the determination of any question relating to compensation and to appeal to the Supreme Court:
  
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(i) the property concerned is land or any interest or right therein; and
 
(i) the property concerned is land or any interest or right therein; and
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(ii) the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilisation of wild life or other natural resources; and
 
(ii) the land is substantially unused or is used wholly or mainly for agricultural purposes or for environmental conservation or the utilisation of wild life or other natural resources; and
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(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
 
(iii) the land or interest or right therein, as the case may be, is acquired for a purpose referred to in paragraph (a)(i).
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(Paragraph as inserted by s.3 of Act 9 of 1993 - Amdmt No.13, and amended by s.7 of Act No.14 of 1996 - Amdmt No.14)
 
(Paragraph as inserted by s.3 of Act 9 of 1993 - Amdmt No.13, and amended by s.7 of Act No.14 of 1996 - Amdmt No.14)
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(Subsection as amended by s.2 of Act 5 of 2000 - Amdmt No.16)
 
(Subsection as amended by s.2 of Act 5 of 2000 - Amdmt No.16)
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(2) (Subsection repealed by s.2 of Act 5 of 2000 - Amdmt No.16)
 
(2) (Subsection repealed by s.2 of Act 5 of 2000 - Amdmt No.16)
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(2a) (Subsection repealed by s.2 of Act 5 of 2000 - Amdmt No.16)
 
(2a) (Subsection repealed by s.2 of Act 5 of 2000 - Amdmt No.16)
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(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.
 
(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.
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(a) requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;
 
(a) requires the acquiring authority promptly to give reasonable notice of the taking of possession to any person owning or possessing the property;
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(b) enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
 
(b) enables any such person to notify the acquiring authority in writing that he objects to the taking of possession;
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(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;
 
(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 s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
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(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;
 
(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 s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
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(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
 
(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
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(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;
 
(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;
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(Subparagraph as amended by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Subparagraph as amended by s.6 of Act 30 of 1990 - Amdmt No.11)
 
and
 
and
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(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.
 
(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.
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(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
 
(Paragraph as amended by s.13 of Act 25 of 1981 - Amdmt No.2)
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(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 imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 6, 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 imposes or authorises the imposition of restrictions or limitations, to the extent permitted by paragraph 2 of Schedule 6, on the remittability of any commutation of a pension.
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(Subsection as inserted by s.3 of Act 9 of 1993 - Amdmt No.13)
 
(Subsection as inserted by s.3 of Act 9 of 1993 - Amdmt No.13)
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(6) (Subsection repealed by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(6) (Subsection repealed by s.6 of Act 30 of 1990 - Amdmt No.11)
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(a) in satisfaction of any tax or rate;
 
(a) in satisfaction of any tax or rate;
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(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 any order referred to in section 13(2)(b);
 
(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 any order referred to in section 13(2)(b);
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(Paragraph as amended by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Paragraph as amended by s.6 of Act 30 of 1990 - Amdmt No.11)
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(c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
 
(c) upon the removal or attempted removal of the property in question out of or into Zimbabwe in contravention of any law;
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(d) as an incident of a contract, including a lease or mortgage, which has been agreed 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;
 
(d) as an incident of a contract, including a lease or mortgage, which has been agreed 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;
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(e) in execution of the judgement or order of a court in proceedings for the determination of civil rights or obligations;
 
(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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(f) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
 
(f) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human, animal or vegetable life or having been constructed or grown on any land in contravention of any law relating to the occupation or use of that land;
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(g) in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
 
(g) in consequence of any law with respect to the limitation of actions, acquisitive prescription or derelict land;
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(h) as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;
 
(h) as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;
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(i) by way of the taking of a sample for the purposes of a law;
 
(i) by way of the taking of a sample for the purposes of a law;
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(j) where the property consists of an animal, upon its being found trespassing or straying;
 
(j) where the property consists of an animal, upon its being found trespassing or straying;
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(k) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
 
(k) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry;
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(i) work for the purpose of the conservation of natural resources of any description; or
 
(i) work for the purpose of the conservation of natural resources of any description; or
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(ii) agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;
 
(ii) agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed, to carry out;
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(m) in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;
 
(m) in consequence of any law requiring copies of any book or other publication published in Zimbabwe to be lodged with the National Archives or a public library;
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(n) for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
 
(n) for the purposes of, or in connection with, the prospecting for or exploitation of minerals, mineral oils, natural gases, precious metals or precious stones which are vested in the President on terms which provide for the respective interests of the persons affected;
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(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected;
 
(o) for the purposes of, or in connection with, the exploitation of underground water or public water which is vested in the President on terms which provide for the respective interests of the persons affected;
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except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
 
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
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(a) for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
 
(a) for the purpose of the administration, care or custody of any property of a deceased person or a person who is unable, by reason of any incapacity, to administer it himself, on behalf and for the benefit of the person entitled to the beneficial interest therein;
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(b) by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organisation which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
 
(b) by way of the vesting or administration of any property belonging to or used by or on behalf of an enemy or any organisation which is, in the interests of defence, public safety or public order, proscribed or declared by a written law to be an unlawful organisation;
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(c) by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
 
(c) by way of the administration of moneys payable or owing to a person outside Zimbabwe or to the government of some other country where restrictions have been placed by law on the transfer of such moneys outside Zimbabwe;
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(i) a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
 
(i) a composition in insolvency accepted or agreed to by a majority in number of creditors who have proved claims and by a number of creditors whose proved claims represent in value more that fifty per centum of the total value of proved claims; or
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(ii) a deed of assignment entered into by a debtor with his creditors;
 
(ii) a deed of assignment entered into by a debtor with his creditors;
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(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class thereof.
 
(e) by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class thereof.
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(a) the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or
 
(a) the orderly marketing of any agricultural produce or mineral or any article or thing prepared for market or manufactured therefor in the common interests of the various persons otherwise entitled to dispose of that property or for the reasonable restriction of the use of any property in the interests of safeguarding the interests of others or the protection of lessees or other persons having rights in or over such property; or
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(b) the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.
 
(b) the taking of possession or acquisition in the public interest of any property or any interest or right therein where that property, interest or right is held by a body corporate established directly by law for a public purpose in which no moneys have been invested other than moneys provided from public funds.
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(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person.
 
(9a) Nothing in this section shall affect the making or operation of any Act of Parliament in so far as it provides for the extinction of any debt or other obligation gratuitously assumed by the State or any other person.
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(Subsection as inserted by s.6 of Act 30 of 1990 - Amdmt No.11)
 
(Subsection as inserted by s.6 of Act 30 of 1990 - Amdmt No.11)
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(a) any obligation assumed by the State; or
 
(a) any obligation assumed by the State; or
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(b) any right or interest conferred upon any person;
 
(b) any right or interest conferred upon any person;
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in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisations.
 
in relation to the protection of property and the payment and determination of compensation in respect of the acquisition of property, in terms of any convention, treaty or agreement acceded to, concluded or executed by or under the authority of the President with one or more foreign states or governments or international organisations.
 
(Subsection inserted by s.7 of Act No.14 of 1996 - Amdmt No.14)
 
(Subsection inserted by s.7 of Act No.14 of 1996 - Amdmt No.14)
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"acquiring authority" means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein;
 
"acquiring authority" means the person or authority compulsorily taking possession of or acquiring the property or the interest of right therein;
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"agricultural purposes" includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;
 
"agricultural purposes" includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;
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"land" includes anything permanently attached to or growing on land;
 
"land" includes anything permanently attached to or growing on land;
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         (Definition as inserted by s.6 of Act 30 of 1990 - Amdmt No.11)
 
         (Definition as inserted by s.6 of Act 30 of 1990 - Amdmt No.11)
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(a) which is payable from the Consolidated Revenue Fund to any person;
 
(a) which is payable from the Consolidated Revenue Fund to any person;
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(b) for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;
 
(b) for any person in respect of his service with an employer or for any spouse, child or dependant of such person in respect of such service;
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(c) for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or
 
(c) for any person in respect of his ill-health or injury arising out of and in the course of his employment or for any spouse, child or dependant of such person upon the death of such person from such ill-health or injury; or
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(d) for any person upon his retirement on account of age or ill-health or other termination of service;
 
(d) for any person upon his retirement on account of age or ill-health or other termination of service;
 
"piece of land" means a piece of land registered as a separate entity in the Deeds Registry.
 
"piece of land" means a piece of land registered as a separate entity in the Deeds Registry.
  
−
Article 16A Agricultural land acquired for resettlement
+
'''Article 16A Agricultural land acquired for resettlement'''
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(a) under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation;
 
(a) under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land and other resources without compensation;

Revision as of 09:58, 16 April 2010

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