Land Bill to deal with multiple farm ownership

Harare Bureau
MULTIPLE farm owners who benefited from illegal allocations will lose the properties when the Land Commission Bill becomes law soon.

The Bill will also rattle unproductive farmers who stand to lose what they are not using.

Government policy does not allow multiple land ownership under its one family-one farm framework.

Politicians like former Presidential Affairs Minister Didymus Mutasa have been identified as the chief culprits violating this policy.

In February 2015, President Mugabe revealed that around 163 farms in Mashonaland East were still in the hands of whites under unclear circumstances, and there was suspicion that top political figures were protecting them.

Drafters will complete writing the Bill this week, and then Lands and Rural Resettlement Minister Dr Douglas Mombeshora will present the proposed law to Cabinet.

The Bill provides for establishment of the Zimbabwe Land Commission, which will, among other tasks, be mandated to investigate multiple land ownership and resolving boundary disputes.

The Commission will take over functions previously performed by the Agricultural Land Resettlement Board.

Government is prioritising the Bill as it moves to realign various laws with the 2013 Constitution and refine the Land Reform Programme.

Dr Mombeshora said: “This week, we will complete the final draft of the Bill before taking it to Cabinet after which we will go through normal parliamentary processes.

“Essentially, the law entails abolishing the Agricultural Land Settlement Board and replacing it with the Zimbabwe Land Commission. As outlined in the Constitution, the Commission will be responsible for settling farm boundary disputes and also carrying out periodic land audits.”

The Zimbabwe Land Commission will identify and recommend private land for Government acquisition and redistribution.

It will also calculate fair compensation to previous land-holders and select tenure document applicants.

In addition, it will determine the amount of agricultural land an individual can hold and recommend compulsory acquisition in cases where individuals exceed the threshold.

Section 297 of the Constitution reads: “The Zimbabwe Land Commission has the following functions — (a) to ensure accountability, fairness and transparency in administration of agriculture land that is vested in the State; (b) to conduct periodical audits of agriculture land;

“(c) to make recommendations to the Government regarding — (i) the acquisition of private land;

(ii) equitable access to and holding and occupation of agriculture land in particular — A. the elimination of all forms of discrimination, particularly gender discrimination;

“B. the enforcement of any law restricting the amount of agriculture land that may be held by any person or household.”

Zimbabwe’s land reforms have benefited well over 300 000 households since 2000, though various irregulaties — among them unclear farm demarcations and double allocations — have emerged.

The discrepancies have also seen children as young as 10 years old being listed as farm owners.

The Lands Ministry has drawn up a US$35 million budget for the first audit, and the United Nations Development Fund and European Union have channelled US$7 million towards the task.

Government statistics show that at least 500 000 landless Zimbabweans await resettlement.

Justice, Legal and Parliamentary Affairs Secretary Mrs Virginia Mabhiza said the Commission would help ensure accountability and transparency in land administration.

“As you may be aware, land is of paramount importance for the people of Zimbabwe, hence the prioritisation of this Bill. Public consultations on the Bill have already been undertaken.

“This Bill will, among other things, give the Land Commission powers to ensure accountability, fairness and transparency in the administration of agricultural land that is vested in the State and conduct periodical audits of agriculture land in compliance with section 297 of the Constitution.”

“As you may be aware, land is of paramount importance for the people of Zimbabwe, hence the prioritisation of this Bill. Public consultations on the Bill have already been undertaken. This Bill will, among other things, give the Land Commission powers to ensure accountability, fairness and transparency in the administration of agricultural land that is vested in the State and conduct periodical audits of agriculture land in compliance with section 297 of the Constitution.”