The dawn of a new land tenure policy on Zimbabwe

FUNGAI CHIMWAMUROMBE AND  TARIRO MEMORY MAGAYA

The colonial era unjustly dispossessed native Africans of their land and resources without compensation, prompting post-colonial governments to implement land reform programs aimed at rectifying these injustices for so-called “indigenous persons.”

Similar land reform efforts have been observed in countries, including Zimbabwe, Zambia, Kenya, Mozambique, and Tanzania.

Recent developments have introduced a new mortarium document that is bankable, transferable, and registrable solely for indigenous individuals.

This raises pertinent questions about the criteria for determining who qualifies as an indigenous person and whether the transferability aspect might undermine the foundational goals of the land reform program.

The policy prioritizes veterans of the liberation struggle, women, and youth to foster equity among historically disadvantaged groups.

The previous land tenure regime which was epitomized by the 99-year lease faced challenges with financial institutions owing to the bankability of the lease. It is trite that financial institutions lend money premised on the bankability of the ownership documents. In this instance, 99-year leases were deemed non-bankable partly due to the non-transferability of the lease. It is therefore a welcome development that the new land tenure policy has identified this bottle-neck and seeks to rectify same. Whilst the development of the transferable 99-year leases is a much-needed development, the question of whether acquired land can be issued with title deeds representing the most complete form of security in respect of that land, still remains open.

Land is the primary asset in agricultural business, yet prior to recent government announcements, the 99-year leases were non-transferable, and non-bankable. This limitation hindered farmers’ ability to use land as collateral for securing loans necessary for infrastructural development and input procurement. In a recent press release, the Zimbabwean government asserted that all land held under 99-year leases, offer letters, and permits will now be governed by a more secure, bankable, transferable document of tenure. This initiative aims to fulfill the government’s constitutional obligations under Sections 72 and 292 of the Constitution of Zimbabwe Amendment (No. 20) Act 2013, which mandates the state to provide tenure security to lawful landowners.

This announcement, timed just before the planting season, could positively impact Zimbabwe’s agricultural sector and its aspiration to regain its status as the “breadbasket of Africa.” Enhanced tenure security has the potential to unlock investment, create jobs, reduce food imports, and improve GDP through increased exports, thereby incentivizing agricultural productivity. Title deeds would enable farmers to use their land as collateral, encouraging investment in infrastructure and irrigation.

However, the policy’s transferability aspect may have significant repercussions. It could allow wealthier individuals or corporations to acquire land, potentially negating the gains of the land reform program. Furthermore, the policy might primarily benefit a limited number of farmers meeting specific criteria, marginalizing smallholder farmers and those without adequate documentation. As was the case in Chiyadzwa, when diamond was officially discovered. This saw the Marange community being displaced with no compensation and loss of livelihood to Arda Tsansua farm which is 40km north of Mutare in order to pave way for foreign investment and commercial mining, a necessary evil that could have been dealt with, otherwise differently. Additionally, using land as collateral carries the risk of foreclosure in the event of loan defaults, which could lead to further displacement and social instability.

Comparative analysis with regional land reform policies reveals different approaches. In Mozambique, for example, while land remains state-owned, long-term use rights are granted to commercial farmers, promoting foreign investment while protecting local communities. In contrast, South Africa’s Waterfall development emphasizes long-term leases that maintain Islamic control over land, while Zimbabwe’s new policy promotes individual real right and transferability, potentially leading to land concentration.

In conclusion, for the new policy to succeed, the government must ensure transparency, clarify guidelines on transferability, and protect vulnerable groups. While this initiative introduces market principles into Zimbabwe’s land management, the challenge remains to align it with the goal of equitable land ownership. If properly implemented, the issuance of title deeds could significantly enhance the viability of Zimbabwe’s agricultural sector and contribute to the nation’s long-term economic growth.

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted through email fungai@zenaslegalpractice.com.

Tariro Memory Magaya is a registered Legal Practitioner at Zenas Legal Practice and can be contacted for feedback at tariro@zenaslegalpractice.com and WhatsApp +263 77 178 4025