​AMENDMENT 17 TO THE ZIMBABWEAN CONSTITUTON 2005

 

Explanations:

 

Amendment 17 was added to Zimbabwe's constitution on September 14, 2005 to vest ownership of certain categories of land on the Zimbabwean government and to eliminate the courts' jurisdiction to hear any challenge to the land acquisitions.

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http://en.wikipedia.org/wiki/Mike_Campbell_(Pvt)_Ltd_and_Others_v_Republic_of_Zimbabwe

 

Constitutional Amendment 17 transferred title of all land previously required for resettlement purposes to the state, prohibited court challenges to the acquisitions and allowed the government to acquire any agricultural land for any purpose simply by publishing a notice of acquisition.

 

This constitutional amendment states that, “A person having any right or interest in the land shall not apply to a court to challenge the acquisition of the land by the State and no court shall entertain any such challenge.” It goes on to formally cancel the title deeds and register title over all land in the state where land has been acquired by decree.

 

Mugabe and the White African by Ben Freeth – page 146:  Extract

 

After Mugabe had “won” the 2005 elections, the ruling ZANU–PF party was able to change the constitution at will, because it now had the two-thirds parliamentary majority that constitutional change required.

 

As a direct result, Amendment 17 to the constitution sailed through parliament. This evil piece of legislation effectively nationalized all white-owned land. No one had any right to appeal – no court was even allowed to look at appeals against land acquisitions. Not only did it mean the complete abolition of property rights, it also criminalized all white farmers and their farm workers if we stayed on our land.

 

Amendment 17 was added to Zimbabwe's constitution on September 14, 2005 to vest ownership of certain categories of land on the Zimbabwean government and to eliminate the courts' jurisdiction to hear any challenge to the land acquisitions. This piece of legislation effectively nationalized all white-owned land. No one had any right to appeal – no court was even allowed to look at appeals against land acquisitions. Not only did it mean the complete abolition of property rights, it also criminalised all white farmers and their farm workers if they stayed on their farms.

 

The Southern African Development Community (SADC)’s regional court, the SADC Tribunal, ruled that Constitutional Amendment 17 which supposedly authorised the wholesale nationalization of commercial farms was illegal in that it breached this country’s obligations under the SADC Treaty.  The Tribunal also ruled that those who had already had their property taken must be fairly compensated.

 

Amendment 17 and Section 72 of the New Constitution of 2013:  Under the New Constitution, Section 72 allows the government to acquire land without the owner being able to have his day in court.  It is the same clause as was in Amendment 17 to the old Constitution – which was struck down by the Southern African Development Community (SADC) Tribunal judges in the landmark Campbell Case.

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https://en.wikipedia.org/wiki/Mike_Campbell_(Pvt)_Ltd_v_Zimbabwe

 

Amendment 17 came into force on 14 September 2005. This constitutional amendment states that, “A person having any right or interest in the land shall not apply to a court to challenge the acquisition of the land by the State and no court shall entertain any such challenge.” It goes on to formally cancel the title deeds and register title over all land in the state where land has been acquired by decree.

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