Ivhu Kuvanhu       ●       Umhlabathi Ebantwini     ●        Land to the People
In 1980, Zimbabwe inherited a land tenure system which recognized both public and private ownership of land. The following
forms of land tenure are currently operational in Zimbabwe:
                                                                   • Freehold tenure
                                                                   • Leasehold tenure
                                                                   • Commonhold (communal) tenure
                                                                   • Easement (servitude)
                                                                   • Resettlement Permit hold tenure
                                                                   • State lands
                                                                   • Unalienated land
The Land Apportionment Act of 1930 legally  divided the land distribution according to race, thereby denying natives the right
to own land in certain parts of the country.
Land Tenure  Recommendations:
Freehold land tenure for all commercial farms of all sizes.
Only full time cultivators should have land in communal areas.
To mitigate the concern over under-utilisation and encourage full time farming, is recommended that a cost be attached to the
holding of land. This should be enforced in the form of a land tax applicable to all forms of land ownership including
resettlement land and land owned by state agencies. These should be additional to lease fees, infrastructure fees and local unit
taxes. The Government of Zimbabwe should create certainty and security of land tenure by rapidly issuing of land leases with
appropriate terms of tenure and conditions of land and infrastructure use. The Government of Zimbabwe should shortly begin to
evict those who do not use their land based upon transparent criteria and procedures.
Security of tenure: Land tenure in the newly acquired farms is not yet clear, an issue which should be addressed as matter of
urgency. For example, irrigation is both an expensive and a long term investment that requires security. To this extent, farmers
should be accorded long leases of the property they are farming, with an option to buy. However,a lease without the force of
law to protect the conditions of the lease is invalid.

An enabling environment should be created for farmers to move from subsistence farming to commercial agriculture in a
meaningful way. The granting of land rights and responsibilities that come with land registration will allow farmers to unlock the
value of their land rights by using it as collateral to invest and develop their lands to their full productive potential.

Decongestion had not significantly taken place in the communal lands. This situation had been worsened by some land reform
beneficiaries who maintained dual homes i.e. both in the communal areas and in the new resettlement schemes owing to the
uncertainty of tenure referred to earlier.
The degree to which rural peoples can organize depends upon seeing realistic possibilities for change.

Land tenure reform refers to a planned change in the terms and conditions (e.g. the adjustment of the terms of contracts
between land owners and tenants, or the conversion of more informal tenancy into formal property rights). A fundamental goal
is to enhance and to secure people’s land rights.This may be necessary to avoid arbitrary evictions and landlessness; it may also be
essential if rights holders are to invest in the land and to use it sustainably.
We cannot return to the pre-2000 land-ownership patterns, but neither can we condone the inequitable and aberrant land
distribution arising from the fast-track ‘land reform’ process. Any land-reform programme must be based on farming ability, and
aim to revitalise the economy, empower farmers, enable the social recovery of farming communities, and facilitate sustained
productivity and growth in agricultural production.

The Zimbabwe government announced  in 2000 plans to nationalise all “productive farmland in the country” and abolish all title
deeds replacing them with 99 year leases.  The President's Office announced that the lease program “only applies to land
acquired by the State under land reforms, and does not in any way invalidate or supersede other lawful forms of tenure which, in
any case, are recognized and protected by the laws of the land.” As far as community property in particular is concerned, The
Communal Land Act of 1982 shifted the authority of communal lands (previously known as “tribal trust land”) from “traditional
rulers to local authorities.” In other words the state is able to determine how resources on community property are allocated.
An
Independent
Agrarian
Reform
Watchdog
Equitable
Redistribution
of Land
to all
Zimbabweans
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