Section 16(9b) of the old Constitution of Zimbabwe
(“the Constitution”) provides as follows:
“(9b) Nothing in this section shall affect or derogate from
-
(a) Any
obligation assumed by the State; or
(b) Any
right or interest conferred upon any person;
in relation to the protection of property and the payment
and determination of compensation in respect of the ...
Section 16(9b) of the old Constitution of Zimbabwe
(“the Constitution”) provides as follows:
“(9b) Nothing in this section shall affect or derogate from
-
(a) Any
obligation assumed by the State; or
(b) Any
right or interest conferred upon any person;
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.”…,.
Section 16B of the Constitution provides as follows:
“16B Agricultural
land acquired for resettlement and other purposes
(1) In this section -
“acquiring authority” means the Minister responsible for
lands or any other Minister whom the President may appoint as an acquiring
authority for the purposes of this section;
“appointed day” means the date of commencement of the
Constitution of Zimbabwe Amendment (No.17) Act, 2005.
(2) Notwithstanding anything contained in this Chapter –
(a) All
agricultural land –
(i) That was identified on or before the 8th July 2005, in
the Gazette or Gazette Extraordinary, under
section 5(1) of the Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7, being
agricultural land required for resettlement purposes; or
(ii) That is identified after the 8th July 2005, but before
the appointed day, in the Gazette or
Gazette Extraordinary, under
section 5(1) of the Land Acquisition Act [Chapter 20:10], being agricultural land required for
resettlement purposes; or
(iii) That is
identified in terms of this section by the acquiring authority after the
appointed day in the Gazette or
Gazette Extraordinary for
whatever purpose, including, but not limited to -
A. Settlement for agricultural or other purposes; or
B. The purposes of land re-organization, forestry,
environmental conservation or the utilization of wildlife or other natural
resources; or
C. The relocation of persons dispossessed in consequence of
the utilization of land for a purpose referred to in subparagraph A or B;
is acquired by and vested in the State with full title
therein with effect from the appointed day or, in the case of land referred to
in subparagraph (iii), with effect from the date it is identified in the manner
specified in that paragraph;…,.”…,.
On the face of it, section 16(9b) is in conflict with
section 16B of the Constitution.
However, section 16B contains a non
abstante clause. What this means is that whenever there is a conflict between section 16B
of the Constitution and any other section of the Constitution, section 16B
shall prevail.