The Sunday News
Sunday News Reporter
INDIGENOUS farmers whose farms were appropriated by Government under the fast-track Land Reform Programme can now apply to repossess their land under new regulations gazetted on Friday.
Farms which were protected under Bilateral Investment Protection and Promotion Agreement (BIPPA) and Bilateral Investment Treaty (BIT), including those owned by indigenous corporates could also be returned to their previous owners upon application for repossession.
In terms of Statutory Instrument 62 of 2020 — Land Commission (Gazetted Land) (Disposal in Lieu of Compensation) Regulations, 2020 — former landowners under these categories can either opt for repossessing their land or monetary compensation.
An amendment to the Constitution in 2005 provided for the acquisition by, and vesting of full title in the State, of agricultural land for resettlement purposes. As a result, all land that had been gazetted for acquisition under the Land Acquisition Act, including that which was owned by indigenous farmers or protected by bilateral treaties, was summarily acquired by the State.
Effectively, this deprived indigenous farmers of land they had duly acquired through purchase, thereby disempowering them in the name of empowering their fellow indigenes.
In addition, the compulsory acquisition of farms protected by international treaties resulted in diplomatic complications for the State, which was accused of failing to respect property rights and international accords. A senior official in the Ministry of Lands, Agriculture, Water and Rural Resettlement, who requested anonymity, told our Harare Bureau that the new regulations are designed to address the wrongful disempowerment of indigenous farmers.
“The way agriculture land was acquired, in a way, disempowered black farmers in the name of empowering landless blacks,” said the official, who is not authorised to talk to the Press.
“Also, the way farms which were protected by BIPPAs were acquired was also not the way they were supposed to be taken. These are the wrongs that the SI (Statutory Instrument) is trying to address. In essence, these former land owners can opt for either compensation or apply to get their land back. Getting the land back is, however, not automatic, there is a process that has to be followed, which includes application and an assessment of the application on a case-by-case basis.”
