The Constitution Amendment Number 16 of 2000
The Constitutional Amendment Number 16 of 2000 placed the financial obligation of paying compensation for any improvements on the acquired properties squarely on the shoulders of the British Government.
Background
This Bill was to amend the Constitution of Zimbabwe, firstly in regard to the compulsory acquisition of agricultural land and, secondly, to provide for the establishment and functions of an Anti-Corruption Commission.
Clauses
- Clause 1 - This clause sets out the Bill's short title.
- Clauses 2 and 3
Clause 3 inserted a new section 16A into the Constitution dealing with the acquisition of agricultural land for resettlement. In brief, the new section stated that if the former colonial power does not pay compensation for agricultural land acquired for resettlement, the Government of Zimbabwe had no obligation to do so; the section also set out factors that must be taken into account in assessing any compensation that may be payable.
Clause 2 made consequential amendments to section 16 of the Constitution.
- Clause 4 - This clause inserted another new section into the Constitution, this one dealing
with the establishment and functions of an Anti-Corruption Commission. The Commission's main function was to combat corruption, theft, misappropriation, abuse of power and other improprieties in the public and private sectors.
Contents of the Bill
In 2000 the Fast Track Land Reform Programme (FTLRP) was introduced, through a constitutional amendment that provided the government with greater powers to expropriate land for redistribution. The amendment also placed responsibility for financial compensation for land with the former colonial power, the United Kingdom, limiting the government’s financial responsibility to improvements to the land. This was followed by other legislative changes, including regulations limiting the size of farms. The resulting social- economic pressures from the landless majority meant that the technical and administrative processes that partly underpinned the land reform process of the 1980s could no longer be sustained. During accelerated land redistribution process, the resultant resizing of the farms created limitations of the existing infrastructure that had been set up to serve larger farms. So, when the farms were broken up into new structures, the equipment no longer suited the farm sizes and some new farmers didn’t have access to the infrastructure they needed. For example, irrigation equipment or a dam could be on one part of a divided farm, leaving the farmer on the other farm without access.
