CONSTITUTION OF ZIMBABWE AMENDMENT (No.17) BILL, 2005
_________________ MEMORANDUM This bill will amend the Constitution in several respects, principal of which are the following. Firstly, a new provision will confirm the acquisition of land for resettlement purposes which took place pursuant to the Land Reform Programme beginning in 2000, and provide for the acquisition in the future of agricultural land for resettlement and other purposes. Secondly, Parliament will be reconstituted as a bicameral legislature consisting of a House of Assembly of 150 members (120 elected on a constituency basis, the 10 Provincial Governors, 8 Chiefs elected in accordance with the Electoral Law to represent the eight non-metropolitan provinces and 10 persons appointed by the President) and a Senate off 66 members (made up of five Senators elected in each of the 10 provinces, plus the President and Deputy President of the Council of Chiefs, eight Chiefs elected by the Council of Chiefs to represent the eight non-metropolitan provinces, and six Senators appointed by the President). Thirdly, the establishment and functions of the Zimbabwe Electoral Commission (with a slightly enlarged membership) will be mentioned in the Constitution itself, and the Electoral Supervisory Commission will be abolished. In more detail the individual clauses of the Bill provide as follows:
Clause 1
This clause sets out the Bill’s short title and dates of commencement of its provisions.
Clause 2 and 23
Clause 2 adds a new section 16B to the Constitution in the manner and for the purposes explained in the introduction to this Memorandum. Clause 21 inserts a new schedule in the Constitution setting out the land acquired under the Land Reform Programme which is to be declared acquired under the Constitution.
Clause 3
An example of the type of mischief that may justify the imposition of the restrictions on the freedom of movement contemplated by this clause is where, for instance, it is discovered that a person intends to depart Zimbabwe for the purpose of engaging in terrorist training abroad.
Clause 4
Section 23(3) of the Constitution enumerates cases in which discrimination is not a violation of the protection from discrimination contained in section 23(1) and (2). This clause proposes to add in section 23(3) a further permissible ground for discrimination in favour of persons who have been disadvantaged by unfair discrimination. It also adds as an impermissible ground discrimination on the basis of physical disability.
Clauses 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 and 21, and First Schedule
These clauses and the First Schedule make consequential amendment to the Constitution that are required by the reconstitution of Parliament as a bicameral legislature consisting of a Senate and a House of Assembly.
Clause 10
The effect of this clause is to redefine the procedure Parliamentary Legal Committee in a manner appropriate to a bicameral legislature. Under the new section inserted by this clause the Committee will make its reports on a Bill to the House (whether the Senate or the House of Assembly) in which the Bill originates.
Clause 17
This clause proposes to abolish the Electoral Supervisory Commission constituted in terms of section 61 of the Constitution. In its place the establishment and functions of the Zimbabwe Electoral Commission (already in existence by virtue of the Zimbabwe Electoral Commission Act [Chapter 2:12]) will specifically mentioned in the Constitution.
Clause 18
This clause will make it possible for an Act of Parliament to confer on the Judicial Service Commission additional functions in connection with the employment, discipline and condition of service of such officers and persons employed in connection with the Supreme Court, the High Court and other courts subordinate to the Supreme Court and the High Court as are to be specified in such Act.
Clause 23, Second Schedule and Appendix
This clause and the Second Schedule provide for transitional matters. In particular, provision is made for first election of Senators conducted before the dissolution of the present Parliament in terms of the new section 34(1)(a) and (c) of the Constitution as inserted by the Bill. Presented by the Minister of Justice, Legal and Parliamentary Affairs
BILL
To amend the Constitution of Zimbabwe.
ENACTED by the President and the Parliament of Zimbabwe.
1 Short title This Act may be cited as the Constitution of Zimbabwe Amendment (No. 17) Act, 2005. 2 New section inserted in Constitution The Constitution is amended by the insertion after section 16A of the following section – “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 the commencement of the Constitu- tion 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 the proviso to section 5(1) of the Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7, being agriculturalland 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 the proviso to 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 limiting to – A. settlement for agricultural or other purposes; or B. the purposes of land organisation, forestry, envi- ronmental conservation or the utilization of wild life or other natural resources; or C. the relocation of persons dispossessed in conse-quence 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 thirteenth day after the date it is identified in the manner specified in that paragraph; and (b) no compensation shall be payable for land referred to in paragraph (a) except for any improvements effected on such land before it was acquired. (3) The provisions of any law referred to in section 16 (1) regulating the compulsory acquisition of land that is in force on the appointed day, and the provisions of section 18 (9), shall not apply in relation to land referred to in subsection (2)(a) except for the purpose of determining any question related to the payment of compensation referred to in subsection (2) (b), that is to say, a person having any right or interest in the land – (a) shall not apply to a court to challenge the acquisition of the land by the State, and no court shall entertain any such challenge;
(b) may, in accordance with the provisions of any law referred to in section 16 (1) regulating the compulsory acquisition of land that is in force on the appointed day, challenge the amount of compensation payable for any improvements effected on the land before it was acquired.
(4) As soon as practicable after the appointed day, or after the thirteenth day when the land is identified in the manner specified in subsection (2)(a)(iii), as the case may be, the person responsible under any law providing for the registration of title over land shall, without further notice, effect the necessary endorsements upon any title deed and entries in any register kept in terms of the law for the purpose of formally cancelling the title deed and registering in the State title over the land.
(5) Any inconsistency between anything contained in – (a) a notice itemised in Schedule 7; or (b) a notice relating to land referred to in subsection (2)(a)(ii) or (iii); and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such notice, shall not affect the operation of subsection (2)(a) or invalidate the vesting of title in the State in terms of that provision. (6) An Act of Parliament may make it a criminal offence for any person, without lawful authority, to possess or occupy land referred to in this section or other State land. (7) This section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that was acquired for resettlement purposes.” 22 Insertion of Schedule 7 to Constitution The Constitution is amended by the insertion of the following Schedule after Schedule 6 – “SCHEDULE 7 (Section 16B) AGRICULTURAL LAND GAZETTED BEFORE THE 8TH JULY, 2005 The pieces of land identified in the General Notices specified in the second column of the following table that were published in the Gazette or Gazette Extraordinary on the date specified opposite thereto in the third column of the table constitute the land referred to in section 16B(2)(a)(i). In this Schedule “piece of land” means a piece of land registered as a separate entity under any law providing for the registration of title over land. 1. 233A of 2000 02/06/20002. 400 of 2000 18/08/20003. 405A of 2000 25.08/20004. 418A of 2000 01/09/20005. 439 of 2000 08/09/20006. 440B of 2000 14/09/20007. 447B of 2000 22/09/20008. 447D of 2000 29/09/20009. 457B of 2000 06/10/200010. 483G of 2000 20/10/200011. 521A of 2000 17/11/200012. 541A of 2000 24/11/200013. 50A of 2001 26/01/200114. 67A of 2001 09/02/200115. 107A of 2001 23/02/200116. 180A of 2001 23/03/200117. 195A of 2001 06/04/200118. 208 of 2001 20/04/200119. 226A of 2001 27/04/200120. 237A of 2001 04/05/200121. 242B of 2001 11/05/200122. 264A of 2001 18/05/200123. 313B of 2001 22/06/200124. 322A of 2001 29/06/200125. 322B of 2001 29/06/200126. 322C of 2001 29/06/200127. 330 of 2001 06/07/200128. 355A of 2001 13/07/200129. 442A of 2001 07/09/200130. 591 of 2001 16/11/200131. 653 of 2001 28/12/200132. 656 of 2001 28/12/200133. 4A of 2002 04/01/200234. 30T of 2002 11/01/200235. 48 of 2002 18/02/200236. 53A of 2002 25/01/200237. 55A of 2002 01/02/200238. 65 of 2002 08/02/200239. 94A of 2002 22/02/200240. 98A of 2002 01/03/200241. 104A of 2002 08/03/200242. 116A of 2002 15.03/200243. 118 of 2002 22/03/200244. 144A of 2002 05/04/200245. 163 of 2002 12/04/200246. 164 of 2002 12/04/200247. 198A of 2002 26/04/200248. 220A of 2002 10/05/200249. 227A of 2002 17/05/200250. 252A of 2002 31/05/200251. 252B of 2002 31/05/200252. 268A of 2002 07/06/200253. 268B of 2002 07/06/200254. 296A of 2002 21/06/200255. 313 of 2002 05/07/200256. 314 of 2002 05/07/200257. 325 of 2002 12/07/200258. 326 of 2002 12/07/200259. 341 of 2002 19/07/200260. 32 of 2002 19/07/200261. 356 of 2002 02/08/200262. 391A of 2002 23/08/200263. 391B of 2002 23/08/200264. 398 of 2002 30/08/200265. 399 of 2002 30/08/200266. 409 of 2002 06/09/200267. 530A of 2002 11/10/200268. 530B of 2002 11/10/200269. 541A of 2002 25/10/200270. 541B of 2002 25/10/200271. 574 of 2002 08/11/200272. 575 of 2002 08/11/200273. 583A of 2002 15/11/200274. 610A of 2002 29/11/200275. 610B of 2002 29/11/200276. 1 of 2003 03/01/200377. 2 of 2003 03/01/200278. 37 of 2003 31/01/200379. 94 of 2003 28/02/200380. 131 of 2003 21/03/200381. 132 of 2003 21/03/200382. 164 of 2003 18/04/200383. 165 of 2003 18/04/200384. 202A of 2003 09/05/200385. 202B of 2003 09/05.200386. 227 of 2003 30/05/200387. 228 of 2003 30/05/200388. 251 of 2003 20/06/200389. 252 of 2003 20/06/200390. 290 of 2003 25/07/200391. 291 of 2003 25/07/200392. 298A of 2003 01/08/200393. 298B of 2003 01/08/200394. 298F of 2003 06/08/200395. 323A of 2003 08/08/200396. 323B of 2003 08/08/200397. 323C of 2003 08/08/200398. 323D of 2003 08/08/200399. 353 of 2003 22/08/2003100. 354 of 2003 22/08/2003101. 370 of 2003 22/08/2003102. 371 of 2003 22/08/2003103. 382 of 2003 29/08/2003104. 434 of 2003 05/09/2003105. 445E 0f 2003 17/09/2003106. 445F of 2003 17/09/2003107. 445G of 2003 17/09/2003108. 463A of 2003 26/09/2003109. 463B of 2003 26/09/2003110. 486 of 2003 03/10/2003111. 486 of 2003 03/10/2003112. 493B of 2003 10/10/2003113. 550A of 2003 31/10/2003114. 550B of 2003 31/10/2003115. 558 of 2003 07/11/2003116. 559 of 2003 07/11/2003117. 565A of 2003 14/11/2003118. 565B of 2003 14/11/2003119. 575B of 2003 21/11/2003120. 575B of 2003 21/11/2003121. 606 of 2006 12/12/2003122. 607 of 2003 12/12/2003123. 626A of 2003 19/12/2003124. 626B of 2003 19/12/2003125. 8 of 2004 02/01/2004126. 15 of 2004 09/01/2004127. 42 of 2004 16/01/2004128. 43 of 2004 16/01/2004129. 49 of 2004 23/01/2004130. 235A of 2004 07/04/2004131. 257 of 2004 26/04/2004132. 283 of 2004 07/05/2004133. 314 of 2004 04/06/2004134. 315 of 2004 04/06/2004135. 333C of 2004 18/06/2004136. 344 of 2004 02/07/2004137. 345 of 2004 09/07/2004138. 401 of 2004 23/07/2004139. 427 of 2004 06/08/2004140. 449 of 2004 03/09/2004141. 455B of 2004 10/09/2004142. 464A of 2004 17/09/2004143. 474 of 2004 24/09/2004144. 491 of 2004 08/10/2004145. 504B of 2004 15/10/2004146. 539A of 2004 19/11/2004147. 539B of 2004 19/11/2004148. 560B of 2004 10/12/2004149. 18 of 2005 21/01/2005150. 45 of 2005 18/02/2005151. 93 of 2005 04/03/2005152. 102 of 2005 11/03/2005153. 120B of 2005 08/04/2005154. 208B of 2005 20/05/2005155. 226 of 2005 27/05/2005156. 246D of 2005 10/06/2005157. 272B of 2005 24/06/2005158. 305 of 2005 08/07/2005”.