Difference between revisions of "The Constitution of Zimbabwe"
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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; | ||
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(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; | (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; | ||
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(c) the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land; | (c) the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their land; | ||
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(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 | (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 | ||
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(ii) if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement. | (ii) if the former colonial power fails to pay compensation through such a fund, the Government of Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement. | ||
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(2) In view of the overriding considerations set out in subsection (1), where agricultural land is acquired compulsorily for the resettlement of people in accordance with a programme of land reform, the following factors shall be taken into account in the assessment of any compensation that may be payable? | (2) In view of the overriding considerations set out in subsection (1), where agricultural land is acquired compulsorily for the resettlement of people in accordance with a programme of land reform, the following factors shall be taken into account in the assessment of any compensation that may be payable? | ||
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(a) the history of the ownership, use and occupation of the land; | (a) the history of the ownership, use and occupation of the land; | ||
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(b) the price paid for the land when it was last acquired; | (b) the price paid for the land when it was last acquired; | ||
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(c) the cost or value of improvements on the land; | (c) the cost or value of improvements on the land; | ||
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(d) the current use to which the land and any improvements on it are being put; | (d) the current use to which the land and any improvements on it are being put; | ||
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(e) any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and any improvements on it; | (e) any investment which the State or the acquiring authority may have made which improved or enhanced the value of the land and any improvements on it; | ||
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(f) the resources available to the acquiring authority in implementing the programme of land reform; | (f) the resources available to the acquiring authority in implementing the programme of land reform; | ||
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(g) any financial constraints that necessitate the payment of compensation in instalments over a period of time; and | (g) any financial constraints that necessitate the payment of compensation in instalments over a period of time; and | ||
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(h) any other relevant factor that may be specified in an Act of Parliament. | (h) any other relevant factor that may be specified in an Act of Parliament. | ||
(Section inserted by s.3 of Act 5 of 2000 - Amdmt No.16) | (Section inserted by s.3 of Act 5 of 2000 - Amdmt No.16) | ||
| − | Article 17 Protection from arbitrary search or entry | + | '''Article 17 Protection from arbitrary search or entry''' |
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(1) Except with his own consent or by way of parental discipline, no person shall be subjected to the search of his person or his property or the entry by others on his premises. | (1) Except with his own consent or by way of parental discipline, no person shall be subjected to the search of his person or his property or the entry by others on his premises. | ||
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(a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; | (a) in the interests of defence, public safety, public order, public morality, public health or town and country planning; | ||
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(b) without derogation from the generality of the provisions of paragraph (a), for the enforcement of the law in circumstances where there are reasonable grounds for believing that the search or entry is necessary for the prevention, investigation or detection of a criminal offence, for the seizure of any property which is the subject-matter of a criminal offence or evidence relating to a criminal offence, for the lawful arrest of a person or for the enforcement of any tax or rate; | (b) without derogation from the generality of the provisions of paragraph (a), for the enforcement of the law in circumstances where there are reasonable grounds for believing that the search or entry is necessary for the prevention, investigation or detection of a criminal offence, for the seizure of any property which is the subject-matter of a criminal offence or evidence relating to a criminal offence, for the lawful arrest of a person or for the enforcement of any tax or rate; | ||
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(c) for the purposes of a law which provides for the taking of possession or acquisition of any property or interest or right therein and which is not in contravention of section 16; | (c) for the purposes of a law which provides for the taking of possession or acquisition of any property or interest or right therein and which is not in contravention of section 16; | ||
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(d) for the purpose of protecting the rights and freedoms of other persons; | (d) for the purpose of protecting the rights and freedoms of other persons; | ||
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(e) that authorises any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on those premises; or | (e) that authorises any local authority or any body corporate established directly by or under an Act of Parliament for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax or rate or in order to carry out work connected with any property of that authority or body which is lawfully on those premises; or | ||
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(f) that authorises, for the purpose of enforcing the judgement or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; | (f) that authorises, for the purpose of enforcing the judgement or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; | ||
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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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(3) A law referred to in subsection (2) which makes provision for the search of the person of a woman shall require that such search shall, unless made by a medical practitioner, only be made by a woman and shall be conducted with strict regard to decency. | (3) A law referred to in subsection (2) which makes provision for the search of the person of a woman shall require that such search shall, unless made by a medical practitioner, only be made by a woman and shall be conducted with strict regard to decency. | ||
| − | Article 18 Provisions to secure protection of law | + | '''Article 18 Provisions to secure protection of law''' |
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(1) Subject to the provisions of this Constitution, every person is entitled to the protection of the law. | (1) Subject to the provisions of this Constitution, every person is entitled to the protection of the law. | ||
(Subsection as amended by s.3 of Act 4 of 1993 - Amdmt No.12) | (Subsection as amended by s.3 of Act 4 of 1993 - Amdmt No.12) | ||
