land with no obligation to pay compensation for agricultural land
compulsorily acquired for resettlement63. The continuation of rights
of land occupiers acquired by the state for agricultural purposes is
also guaranteed in terms of Section 290 which provides that
subject to the 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 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.
13.4. In order to ensure that Zimbabweans enjoy their right to
agricultural land, Government has enacted the Land Acquisition
Act 64which gives effect to Section 72 of the Constitution. The right
to property like all other rights is not absolute. This right is
therefore subject to the limitation clause and can be derogated in
the interest of defence, public safety, morality, health and public
order among others.
Administrative Measures
13.5. In order to realise maximum benefits from land, Government
promulgated subsidiary legislation such as the 99 year lease, the
Statutory Instrument 53 of 2014 on Agricultural Land Settlement
(Permit Terms and Conditions) to enhance bankability of
agricultural land and subsequently boost production on the same.
The Zimbabwe Land Commission (ZLC) was also established in
terms of the Constitution to ensure accountability, fairness and
transparency in the administration of land vested in the state65 and
the Zimbabwe Land Commission Act66was enacted in 2018 to
63
Section 72 of the Constitution
64
Chapter 20:10
65
Section 296 of the Constitution
66
Chapter 20:29
Page | 35