In Zimbabwe every person has the right to own property as evidenced in terms of Section 71(2) of the Constitution which states that “every person has the right, in any part of Zimbabwe to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others”.
The Constitution further goes on to uphold the property rights of the people in terms of Section 74 which reads “no person may be evicted from their home, or have their home demolished, without an order of Court made after considering all the relevant circumstances”.
Did you know that property rights in Zimbabwe are not absolute?
Property rights in Zimbabwe are not absolute as provided for in Section 71(3) of the Constitution. This provision justifies the deprivation of property rights under the grounds that the deprivation is in terms of law of general application; is necessary for public safety, public order, public interest, defense or so as to use the property for the benefit of the community. The case of Zimbabwe Tobacco Company v Minister of Lands & Rural Resettlement is a good illustration of land being compulsorily acquired for public interest as the land was acquired to facilitate urban development and combat overpopulation.
In terms of Section 72 of the Constitution it is highlighted that all agricultural land vests in the state meaning not all agricultural land can be privately owned. Compensation for land that has be reclaimed by the state is given only in instances where proof is shown of improvements having been effected on the land.. Section 72 (3)(b) “no person may apply to court for the determination of any question relating to compensation, except for compensation for improvements effected on the land before its acquisition, and no court may entertain any such application” hence highlighting that property rights are not absolute and aggrieved parties have no recourse in the courts, save for the one exceotion.
The principle of eminent domain, is the inherent powers of a government entity to take privately owned property, especially land, and convert it for public use and enjoyment. In the case of Davies & Ors v Minister of Agricultural and Water Development, It was held that the state has the power to compulsorily acquire the land and regulate it through the principle of omne majus continent in se minus. Another example of the practical application of the eminent domain principle is the issue of the Chisumbanje Ethanol Project where the villagers of that area were recently displaced in a bid to set up a local ethanol plant in order to reduce the importation of ethanol, thereby aiding Zimbabwe’s economy. While one has the Constitutional rights to own property and land throughout Zimbabwe, this right is not absolute and can be limited by the State’s exercise of its eminent domain rights.
