Protection Of Investors From Expropriation In Zimbabwe-interaction Between The Constitution And Investment Law

In the early 2000s,the government of Zimbabwe developed an expropriation policy to seize commercial lands from white farmers without giving them any compensation.In this regard,different land reform programs promoted by the government of Zimbabwe have largely been criticized for the incorporation of discrimination against foreign investors.This policy has largely impacted the foreign investments of Zimbabwe,negatively influencing its agricultural and industrial sectors,leading to the reduced economic growth of the country.The Land Acquisition Act of 1987 has also presented a clear picture of discrimination concerning foreign investors as they were deprived of compensation for expropriated land.Therefore,to improve a stable and predictable investment environment,the government of Zimbabwe has made important amendments to its Constitution and other laws and regulations to attract more foreign investors.For instance,in the Constitution of Zimbabwe(Co Z)of 2013,equal property rights were promoted for foreign investors.This study mainly focuses on the legal framework of expropriation within the context of Zimbabwe to understand important legal reforms which were made over the years to protect the rights of foreign investors.In this study,different cases have also been discussed to determine the problems faced by foreign investors within the context of expropriation in Zimbabwe,leading to effective solutions.Secondary data,different legal documents,and case law were used to collect the required data.The results show that the latest legal reform of the Zimbabwe Investment and Development Agency(ZIDA)Act of 2020 has helped in improving the investment process for foreign investors.Moreover,the interaction between Co Z and investment law was dynamic and complex.The “Southern African Development Community”(SADC)treaty has also been effective in protecting the rights of foreign investors.Thus,it has been observed that foreign investors largely face discrimination and are not provided with effective and fair compensations during the expropriation of land.Therefore,to overcome these issues,the government of Zimbabwe is suggested to promote transparency and effectiveness in its constitution and investment law.