ACH R African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility restitution and/ or compensation. ~he Respondent State however contends that the seizure was in accordance with the domestic law and in the public interest. 222. The Commission has held in paragraph 176 above that the compulsory acquisition of land by the Respon1ent State, with the purpose of redressing the inequitable distribution of land in Zimbabwe is indeed a legitimate purpose, as a well impleme~ ed land reform programme could ~eadto a~ i~crease in production an~ ~rl~wthin all sectors. The conte~tion, Instead Iies In whether or not the VICtIlljls land was lawfully expropriated in accordance with the laid down procedure. SectionBfl) of the Land Acquisition Act stipulates that where preliminary :ri9ti~eof acquisition has been published in the Gazette, the Jcquiring authority may then serve an order on the owner, not less than t~if:ty (30) 'days' ;a,.fter,..t;he ~,ate of publication in the Gazette. Section 9~T(1):(b),also 'indicates" tha,.f.",... the making of an order in terms of subsection (1)"p£;sectio11:8.~hallconstitute notice in writing to the owner ~r occ~p~~!::)O to occu:py;/hold or use that land 45 days after the date of servlce.:.~/.B0'· " J ~,i~~e 223. The above procedure was however not applie,~ .in the Victim's case. The Commission notes the Complainant's submi$sion that Charleswood Estate is presel1~~Ybeing" operated Iby the, Agricultural and Rural Development Authority, a government parastatal. The Commission considers that even though the Respondent State did not authorize the invasion of the :~fi{:tim' s land, the State 'honetheless failed in its obligation to restore the property to the Victim, a~d follow the legal process in the acquisition of the ,'Victim's propertyJ The Commission reiterates its jurispr~d~hce in Constitu#()Ylal:1?.ights Pr~ject, Civil Liberties Organization and Media Rights Agenda v Nigeria that the right to property necessarily includes 'the right not to have one's property invaded or encroached upon.s-

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