Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case

This study examines whether or not the Zimbabwean agricultural land expropriation laws are\nconsistent with its international legal commitments and obligations enumerated in Article 6 of\nthe Zimbabwe-Netherlands BIT which were expounded in the Funnekotter case. It begins by\nexploring the concept of expropriation, and the main features of the Zimbabwe's agricultural\nland expropriation laws, and proceeds to discuss the conditions of expropriation enumerated\nin Article 6 using the Funnekotter case as a compass, before examining whether or not the\nZimbabwe's agricultural land expropriation laws are compatible with article 6 conditions of\nexpropriation. The main conclusion reached is that despite the good intentions and public\ninterests pursued by these agricultural land expropriation laws, they are draconian, and\ninconsistent with the due process, non-discrimination, and compensation conditions of\nexpropriation. Thus, Zimbabwe may have to re-think its agricultural land expropriation laws\nin light of the Funnekotter case.