Accessing land in urban areas of Zimbabwe just got a tad more difficult. If the prevailing circumstances in land tenure were prohibitive, the situation has effectively regressed to another level. The government measures to enhance administration have effectively put all allocation of land by urban municipalities on hold.
In an unprecedented move, ostensibly implemented ‘in the interest of the public’, the Ministry of Local Government and Public Works has placed a moratorium on the allocation of urban state land pending the finalization of policy review.
A moratorium is a temporary suspension of an activity or law until future consideration warrants lifting the suspension, such as when the issues that led to the moratorium have been resolved. A moratorium may be imposed by a government, regulators, or a business.
In a press statement, the Ministry said the measures, in force with immediate effect, have been put in place to enhance the administration and management of Urban State Land.
The Ministry understandably is appealing to stakeholders and the public for patience while it concludes a process, with no set timelines or set ‘until further notice’, as the verbatim of the presser shows.
This curious move is linked to the Presidency which mandates the administration of the ‘finite heritage resource’. No tangible reasons have been given for the extraordinary move except for the enhancement of efficiency and transparency.
Part of the Press Statement reads, “The Ministry of Local Government and Public Works is mandated to administer, on behalf of His Excellency, the President, Cde Dr. E.D. Mnangagwa, Urban State Land, itself a finite heritage resource that is central to the national development thrust as espoused in the National Development Strategy 1 and Vision 2030. It is therefore imperative that an efficient and transparent system is put in place to ensure that Urban State Land plays a role in facilitating sustainable and functional developments.
“The Ministry therefore wishes to announce the imposition, with immediate effect, of a moratorium on the allocation of Urban State Land until further notice. This is to allow the Ministry to finalize the ongoing process of reviewing and strengthening existing policy framework and guidelines on the administration and management of Urban State Land.”
This latest episode in the land tenure and security debacle in Zimbabwe breeds more questions than answers, a matter that The Weekly recently delved into through an opinion piece we published recently.
In the wide-ranging argument for land ownership as a right, the conclusion is that legislation of land is contentiously implemented and enforced, ‘with concerns raised about the protection of individual and community land rights, particularly for vulnerable groups such as smallholder farmers and indigenous communities.’
Zimbabwe has multi-form tenure, with multiple tenure types applying in the different areas of land (freehold, lease, permit, communal, and state land), which leaves landowners without the security of tenure.
One piece of legislation the Communal Areas Act, vests powers in the President for its occupation and utilization and applies to 42% of Zimbabwe’s land where about 70% of the country’s population resides. Politically interpreted by a partisan government, this essentially means the land belongs to the President.
We will watch from the terraces the developments in land access and distribution with keen interest, following through with the sequel of rule by statutory interventions.
The imperative of promoting equitable access to land and water resources for indigenous communities remains central to our quest, at a time when land developers and corporate extractive Industries compete for land and water resources with host communities.