Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter analyses the tension between a justiciable right to property and a state-led agrarian land reform program in a postcolonial context by examining Zimbabwean Constitutional law. It starts by presenting the conceptual framework that underlines the nexus between land reform, the right to property and justiciability. This is followed by a discussion of the various land reform policies adopted by the government of Zimbabwe from 1980 to 2013, focusing on the relevant constitutional and legislative arrangements. The chapter then analyses these constitutional and legislative frameworks and outlines their implications for human rights justiciability. It concludes that a national constitution and human rights norms may not realistically address the issue of land reform in a postcolonial situation such as Zimbabwe. Rather, the solution lies in a combination of constitutionalism, human rights norms and international diplomacy.
LanguageEnglish
Title of host publicationJusticiability of Human Rights Law in Domestic Jurisdictions
EditorsAlice Diver, Jacinta Miller
Place of PublicationSwitzerland
Pages363-387
Publication statusPublished - Jan 2016

Fingerprint

agrarian reform
Zimbabwe
right of ownership
human rights
reform program
constitutional law
constitutionalism
reform policy
diplomacy
constitution

Keywords

  • land reform
  • the right to property
  • justiciability
  • postcolonial context
  • Zimbabwe

Cite this

Moyo, K. (2016). Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. In A. Diver, & J. Miller (Eds.), Justiciability of Human Rights Law in Domestic Jurisdictions (pp. 363-387). Switzerland.
Moyo, Khanyisela. / Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. Justiciability of Human Rights Law in Domestic Jurisdictions. editor / Alice Diver ; Jacinta Miller. Switzerland, 2016. pp. 363-387
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Moyo, K 2016, Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. in A Diver & J Miller (eds), Justiciability of Human Rights Law in Domestic Jurisdictions. Switzerland, pp. 363-387.

Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. / Moyo, Khanyisela.

Justiciability of Human Rights Law in Domestic Jurisdictions. ed. / Alice Diver; Jacinta Miller. Switzerland, 2016. p. 363-387.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Moyo K. Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe. In Diver A, Miller J, editors, Justiciability of Human Rights Law in Domestic Jurisdictions. Switzerland. 2016. p. 363-387