Law and Equity: A Critical Analysis of Zimbabwe's Constitutional Obligation to Compensate Former White Commercial Farmers Under the Second Republic

Abstract

This study critically examines the tension between law and equity in Zimbabwe's constitutional obligation to compensate former white commercial farmers under the Second Republic, incorporating findings that resonate with Aristotelian concepts of justice and fairness. It explores the historical injustices perpetrated by British settlers, particularly through the Rudd Concession and the Land Apportionment Act, (1930), that facilitated the dispossession of indigenous populations while favoring the white minority. This racialized legal framework undermined principles of fairness and equity, necessitating a corrective approach that acknowledges past injustices and strives for a more equitable distribution of resources, in alignment with Aristotle’s vision of true justice. The research reveals the need to address deep-rooted historical injustices associated with land acquisition. This reinforces the importance of recognizing both the psychological and social impacts of colonial dispossession alongside material losses. The study also examines agricultural land compensation in other jurisdictions, highlighting the complexities and political implications of compensation mechanisms, particularly in South Africa, thereby underscoring the necessity for transparency and accountability in governance. Furthermore, the ongoing negotiations regarding compensation for land improvements illustrate the tensions between historical obligations and contemporary legal requirements. Section 72(7) of the Constitution reflects an understanding of historical dispossession and the need for reparative justice, suggesting that former colonial powers hold responsibility for compensation. This aligns with Aristotle's assertion that justice must be rooted in moral considerations. The findings advocate for several key recommendations, including implementing equitable land redistribution and compensation policies, enhancing public engagement and participation in decision-making processes, establishing a comprehensive reparations framework, ensuring policy consistency and clarity in land reform initiatives, and committing to continued research and monitoring of compensation mechanisms. These recommendations aim to promote social cohesion and equity while addressing historical injustices, thereby contributing to a comprehensive understanding of law and equity in the context of Zimbabwe's land reform.