HUMAN rights activists and lawyers, stressing that Zimbabwe deserves a wholesome constitutional reform which takes into account the views of all stakeholders, have warned that the proposed constitutional amendments will worsen the country's economic and political crisis.

They said the Constitution of Zimbabwe Amendment (No.17) Bill, 2005, is the latest in a long line of alterations to a constitution which, "by its very nature and history, is fundamentally deficient and problematic especially in the protections offered under the Declaration of Rights".

The Constitution has been amended 16 times by the Zanu PF government, and the most notable amendment remains the abolition of the Prime Minister's position, which gave way to creation of the Executive Presidency in 1987.

This single amendment, crafted by the late Zanu PF legal guru, Dr Eddison Zvobgo, gave President Mugabe, the extraordinary powers he enjoys today.

Mugabe is the head of State, head of government, commander-in-chief of the defence forces and can single handedly come up with temporary legislation by invoking the Presidential Powers Act.

The Zimbabwe Lawyers for Human Rights (ZLHR), in a statement, called on the judiciary, which would be rendered useless in so far as land matters are concerned, to take a firm and public position against the amendments.

Under the proposed amendments, owners of land deemed "agricultural land" and gazetted cannot challenge its acquisition in court.

Making presentations at a public hearing on the Constitution Amendment (No 17) bill called by the Parliamentary Portfolio Committee for Justice, Legal and Parliamentary Affairs on Thursday, lawyers and human rights groups said this clearly deprived Zimbabweans of rights to property and to protection of the law - rights guaranteed in the Constitution and other international instruments.

"There is no applicable definition of agricultural land, so almost all land in Zimbabwe will be subject to expropriation under the new section. The only land that will fall outside the ambit of the section is land on which it is impossible to conduct any form of agriculture. Anyone with an interest or right in land will lose their right or interest if the land is acquired under the new section and they will not receive compensation," said Abel Chikomo, who represented the Zimbabwe Human Rights NGO forum.

The forum is a coalition of organisations such as the Legal Resources Foundation (LRF), the Catholic Commission for Justice and Peace in Zimbabwe (CCJPZ), and Amnesty International Zimbabwe Chapter, which made an in-depth analysis of the proposed amendments.

The forum's spokesperson added that even residential stands would be subject to compulsory acquisition, provided the stands are "large enough to produce a few flowers and vegetables".

"Section 16 and 16a of the Constitution specify the purposes for which property, including land, may be acquired compulsorily, but under the new section the purpose of the acquisition is not relevant and can not be challenged," he said.

If passed into law, the bill seeks to make provisions for the confirmation of the acquisition of land for resettlement, which gave effect to the Land Reform Programme, which started in 2000.

Former High Court Judge, Justice George Smith, said because of the failure by the bill to define agricultural land, land set aside for sporting activity could also be acquired for agricultural purposes.

"The amendments make it criminal to challenge the acquisitions and it is also going to be difficult for the courts to decide whether a piece of land is agricultural land or not? Golf courses are large enough to be called agricultural land," he said.

Acting secretary for the Law Society of Zimbabwe and Zimbabwe lawyers for Human Rights director, Arnold Tsunga, said the association was opposed to the bill in its present form because it defeated the whole purpose of constitutionalism.

Blessing Chimhini, a legal officer with the Human Rights Lawyers for Southern Africa, said the proposals would make Zimbabwe an outlaw of the regional international conventions.

"It seems the government has not seriously considered the impact of the amendments. The bill is actually taking away the rights citizens already have and it is very unfortunate because the country would be put under international condemnation," Chimhini said.

The Parliamentary committee, chaired by Zanu PF MP for Makoni East, Shadreck Chipanga, will present its findings before the House for consideration before the bill can be passed into law.