Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution

Property rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the...

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Main Author: Tsabora, James
Format: Article
Language:English
Published: Cambridge University Press 2021
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Online Access:https://doi.org/10.1017/S002185531600005X[Opens in a new window]
https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/reflections-on-the-constitutional-regulation-of-property-and-land-rights-under-the-2013-zimbabwean-constitution/2EE784C51C7781E9CA37D7E64BF9BE3F
http://hdl.handle.net/11408/4467
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author Tsabora, James
author_facet Tsabora, James
author_sort Tsabora, James
collection DSpace
description Property rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the property rights system is a contested arena is particularly so in view of the fact that colonial subjugation in Zimbabwe was characterized, in a very important way, by politically motivated land dispossession and, consequently, inequitable property rights distribution patterns. As a result, Zimbabwe's property rights law has always responded to mainstream, albeit fluid, political and economic undercurrents. This has meant that mainstream historical and contemporary debates have provided the context for understanding the constitutional regulation of property and land rights in Zimbabwe. This article assesses the constitutional regulation of constitutional property and land rights in Zimbabwe, and the conflicts and tension that are accommodated in the constitutional property rights framework.
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spelling ir-11408-44672022-06-27T13:49:06Z Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution Tsabora, James Property Land Deprivation Acquisition Constitution Property rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the property rights system is a contested arena is particularly so in view of the fact that colonial subjugation in Zimbabwe was characterized, in a very important way, by politically motivated land dispossession and, consequently, inequitable property rights distribution patterns. As a result, Zimbabwe's property rights law has always responded to mainstream, albeit fluid, political and economic undercurrents. This has meant that mainstream historical and contemporary debates have provided the context for understanding the constitutional regulation of property and land rights in Zimbabwe. This article assesses the constitutional regulation of constitutional property and land rights in Zimbabwe, and the conflicts and tension that are accommodated in the constitutional property rights framework. 2021-06-11T10:40:06Z 2021-06-11T10:40:06Z 2016 Article 0021-8553 1464-3731 https://doi.org/10.1017/S002185531600005X[Opens in a new window] https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/reflections-on-the-constitutional-regulation-of-property-and-land-rights-under-the-2013-zimbabwean-constitution/2EE784C51C7781E9CA37D7E64BF9BE3F http://hdl.handle.net/11408/4467 en Journal of African Law;Vol. 60; No. 2: p. 213-229 open Cambridge University Press
spellingShingle Property
Land
Deprivation
Acquisition
Constitution
Tsabora, James
Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title_full Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title_fullStr Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title_full_unstemmed Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title_short Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution
title_sort reflections on the constitutional regulation of property and land rights under the 2013 zimbabwean constitution
topic Property
Land
Deprivation
Acquisition
Constitution
url https://doi.org/10.1017/S002185531600005X[Opens in a new window]
https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/reflections-on-the-constitutional-regulation-of-property-and-land-rights-under-the-2013-zimbabwean-constitution/2EE784C51C7781E9CA37D7E64BF9BE3F
http://hdl.handle.net/11408/4467
work_keys_str_mv AT tsaborajames reflectionsontheconstitutionalregulationofpropertyandlandrightsunderthe2013zimbabweanconstitution