Online Reporter
Rutendo Nyeve, Victoria Falls Reporter
IN a landmark judgment, the Constitutional Court of Zimbabwe has reaffirmed the City of Bulawayo’s authority over vast tracts of land previously under dispute, providing clarity on urban land administration and unlocking opportunities for planned development.
The ruling, delivered on Tuesday in the case of Alistair Michael Fletcher versus the Minister of Lands and others, reinforces the legal standing of Statutory Instrument (SI) 212 of 1999, which incorporated Umguza Agricultural Lots of Umvutcha and Reigate into Bulawayo’s boundaries.
The dispute centred on the ownership and administration of land registered under title deed 3188/83, which the appellant, Alistair Fletcher, had occupied for years.
In 1999, the land was proclaimed part of Bulawayo’s urban area through S.I. 212 of 1999.
However, in 2000, the land was gazetted under the Land Acquisition Act, with the State claiming it as agricultural land under Schedule 7 of the Constitution.
This led to the endorsement of caveats on Fletcher’s title deed, restricting his rights over the property. Fletcher challenged the caveats in the High Court, arguing that the land was urban and thus exempt from compulsory acquisition for agricultural purposes.
The High Court ruled in his favour, ordering the removal of the caveats. The State, however, appealed to the Supreme Court, which overturned the decision, citing Section 16B of the former Constitution, which banishes court jurisdiction over challenges to agricultural land acquisitions.
Fletcher then approached the Constitutional Court, which has now set aside the Supreme Court’s ruling.
In a unanimous judgment, the Constitutional Court held that the land in question was urban, having been lawfully incorporated into Bulawayo’s boundaries through S.I. 212 of 1999.
The court emphasised that Section 16B of the former Constitution and its successor, Section 72 of the 2013 Constitution, applies exclusively to agricultural land, not urban land.
Justice Hlatshwayo, writing for the court, ruled:
“Urban land does not fall under the Minister of Lands and Rural Resettlement. Once the piece of land ceased to be agricultural land, on the date of the proclamation, the offer letter fell away by operation of the law.”
The court further clarified that the jurisdictional ouster in Section 16B (3) does not apply to urban land, meaning courts retain the authority to adjudicate disputes involving such properties.
Urban planning experts have praised the judgment as a game-changer for Bulawayo’s expansion and development.
“This ruling unlocks a significant mass of land that can now be planned for urban development without the looming threat of acquisition for agricultural purposes.
“It provides much-needed clarity on the boundaries of Bulawayo’s jurisdiction and ensures that the City Council can exercise its mandate effectively,” said Dr Thandiwe Ndlovu, an urban planner.
Another expert, Mr Tawanda Moyo, shared the same sentiments.
“The judgment gives private landowners confidence to invest in their properties, knowing their tenure is secure. This is critical for accessing development financing through mortgages and leveraging title deeds for economic growth,” he said.
The ruling also resolves long-standing disputes between the City of Bulawayo and the Umguza Rural District Council over land administration.
“There have been challenges with the local authority (Umguza) comprehending the implications of S.I. 212. This judgment unequivocally states that Bulawayo is the responsible authority for land administration within its proclaimed boundaries.
“It tells Umguza in no uncertain terms who the legal authority is,” said Mr Tonderai Mutasa, a legal expert.
For private landowners like Fletcher, the ruling is a victory for property rights. By confirming that urban land cannot be arbitrarily gazetted for agricultural resettlement, the judgment strengthens security of tenure.
“This decision assures landowners that their investments are protected. Banks and financiers can now confidently accept urban land as collateral, spurring development in Bulawayo’s outskirts,” said Mr Mutasa.
According to analysts, the Constitutional Court’s ruling is seen as a watershed moment for Bulawayo, providing legal certainty over land administration and paving the way for structured urban expansion.
With the City Council now firmly in control of the land under S.I. 212 of 1999, stakeholders can look forward to planned development, increased investment and the resolution of protracted disputes.
