Online Reporter
Fidelis Munyoro
A GROUP of war veterans was handed a legal blow when the High Court dismissed its bid to halt the issuance of title deeds under the Government’s new land tenure policy.
The War Veterans Pressure Group Trust challenged the constitutionality of the Government’s new land tenure policy introduced in October last year.
The policy allows beneficiaries of the Land Reform Programme to receive title deeds for agricultural land.
The group’s representatives, including Joseph “Ginger” Chinguwa, Godfrey “Zvabhendazvabhenda” Gurira and Joseph “Hitler Bazooka” Chinyangare, argued that the policy violated constitutional provisions governing the administration and alienation of agricultural land.
They sought a declaratory order stating that the policy was ultra vires Sections 72(5), 293(3), and 297(1)(a) of the Constitution.
Justice Samuel Deme presided over the case and ruled that the application lacked merit, dismissing it with costs.
The applicants argued that the Zimbabwe Land Commission, established under Section 296 of the Constitution, must approve any changes to land tenure.
They contended that agricultural land vested in the state could not be sold or transferred without an Act of Parliament, as prescribed under Section 293(3).
Additionally, they claimed that title deeds for State-acquired land had been cancelled and should remain invalid.
The Government, represented by Ms T S Musangwa, opposed the application, arguing that the Land Commission Act, enacted in 2018, fulfilled the constitutional requirements for the alienation of agricultural land.
Ms Musangwa asserted that President Mnangagwa and Minister of Lands, Agriculture, Fisheries, Water and Rural Development, Anxious Masuka, acted within the law, as the Act allows the disposal of State land after consultation with the Zimbabwe Land Commission.
In the judgment, Justice Deme rejected the applicants’ claims, clarifying that “consultation” with the Zimbabwe Land Commission, as defined under Section 339(2) of the Constitution, does not mean binding approval.
The Land Commission Act gives the Minister authority to dispose of land in consultation with the Commission, but the recommendations of the Commission are not binding.
Justice Deme dismissed the argument that the land tenure policy violated Section 293(3), stating that the Land Commission Act constituted the Act of Parliament required under the Constitution.
He noted that Section 72(5) of the Constitution mandates the cancellation of old title deeds for state-acquired agricultural land, and thus there was no need for a declaratory order to that effect.
“The court cannot be invited to declare the position of the law which is common cause. Doing so can only be a futile academic exercise,” stated Justice Deme.
The judge found no evidence to substantiate the claim that the policy breached Section 297(1)(a), which outlines the Zimbabwe Land Commission’s role in ensuring accountability, fairness, and transparency in land administration. The court ruled that the land tenure policy introduced by the Government is consistent with the Constitution and dismissed the application in its entirety.
Justice Deme concluded, “The application be and is hereby dismissed with costs.”
The ruling represents a significant setback for the war veterans, who aimed to block the issuance of title deeds under the new policy.
Their legal team, led by Mr Tendai Biti, argued that the Government’s actions undermined the principles of land reform. President Mnangagwa, Minister Masuka and the Land Commission were listed as respondents in the civil case.
Legal experts affirm that the ruling supports the legality of the policy designed to enhance security of tenure for farmers. The war veterans have not indicated whether they will appeal.
