Land Bill unconstitutional – de Bourbon

has sailed through the second reading to allow government to allocate land without giving the owners the right to contest the seizures, violated fundamental rights in the constitution.
The outgoing Bar Association of Zimbabwe’s chairman, advocate Adrian de Bourbon, now based in South Africa, said the measure, was unlawful.
“I believe it is subject to challenge because it certainly amounts to a breach of section 16 and section 18 of the constitution,” de Bourbon said. The controversial law empowers government to start resettlement immediately after issuing an acquisition order. It says all those occupying state land that came under a Section 5 Notice before September 14, 2005 are deemed to be occupying such land illegally unless they are in possession of either an official offer letter, a permit or lease.
It allows government the right to ownership of the land, surveying, demarcation and allocation immediately after serving notice to the farmers. A fine or a jail term of two years or both can be imposed on those found guilty of interfering with land seizures. Zimbabwe’s government has been making backdated laws to cover illegal aspects of its land reform programme. – Own correspondent