Source: The Herald – Breaking news.
The ruling obliges the Surveyor General to provide maps and diagrams of these parcels upon State request, facilitating title registration under the Deeds Registry Act. 
Nyore Madziyanike
Land barons and institutions pursuing unclaimed and idle land across the nation since independence have found themselves exposed following a landmark ruling from the High Court, making it mandatory for Government to provide maps for all land.
This pivotal decision empowers the State to take ownership of such land.
Recently, Justice Pisirai Kwenda issued a ruling that seeks to reshape land ownership and distribution in the country.
The ruling obliges the Surveyor General to provide maps and diagrams of these parcels upon State request, facilitating title registration under the Deeds Registry Act.
Justice Kwenda granted both declaratory and consequential relief in the case in which The Registrar of Deeds and the Surveyor General were named as first and second respondents.
“It is confirmed that the pieces of land known as Stands numbers 105 to 120 under Surveyor General’s Diagram S.G. Number 894/76 and General Plan BG3178, located in Waterfalls Induna Township 6 of Lot 10 of Waterfalls, Salisbury, belong to the State.
“The First Respondent is ordered to register title to the aforementioned land in the name of the State in accordance with the Deeds Registry Act.
“The Second Respondent is instructed to provide all necessary diagrams related to the land to the Applicant for the purpose of conveying title to the State.”
This ruling follows an application by Prosecutor-General Justice Loyce Matanda-Moyo to the High Court for a declaratory and consequential relief order aimed at reclaiming and safeguarding State land.
In her application, prepared by Chief Law Officer Mr Chris Mutangadura, the Prosecutor General highlighted a prime parcel of land in Waterfalls, Harare, registered in 1977 as Induna Township 6 of Lot 10.
This land has drawn the interest of land barons due to its ambiguous status.
Court documents reveal that the Prosecutor General’s involvement was prompted by a tip-off from a whistle-blower regarding the property, leading to an investigation into its ownership.
The Prosecutor General obtained a copy of the Surveyor-General’s diagram and contacted the Registrar of Deeds in January 2022 to ascertain whether the land was privately owned or held by any entity.
Investigations determined that no title deed had ever been issued for the land, confirming its status as unclaimed and unoccupied. Further inquiries by the police revealed that the City of Harare had no record of the land’s allocation, producing only a 1976 document indicating that the property had been surveyed and earmarked for development, without naming a beneficiary.
In her application, Justice Matanda-Moyo asserted her constitutional duty under Section 258 to prosecute individuals targeting State land.
“It is clear that the applicant, under Section 258 of the Constitution of Zimbabwe, is mandated by law to undertake any necessary functions related to the prosecution of persons who have set their sights on idle land, which, for all intents and purposes, belongs to the State,” the application states.
In Zimbabwe, land ownership falls into various categories: urban or town land held through title deeds, rural district land managed through leases or permits, agricultural land under title deeds, and communal land overseen by traditional leaders.
“The land in question lacks clarity regarding ownership and the supposed owner,” said Justice Matanda-Moyo.
“The State remains uncertain as to whether it or the Harare City Council governs the land. Furthermore, no one possesses or occupies the land. While the applicant could have proceeded under the Money Laundering Act, the circumstances do not reveal any identifiable individual, aside from the whistle-blower information indicating that land barons target any available space, exploiting the State’s ignorance regarding its land.”
She further argued that the land qualifies as res nullius, or property without an owner, and is thus subject to State protection.
“An application for title registration under Section 3, in conjunction with Section 7 of the Titles Registration and Derelict Lands Act, is not valid, as the land has never been lawfully owned or possessed by anyone. This property has mysteriously eluded both the relevant ministry and the Derelict Lands Board, established under the Land Acquisition Act to investigate and manage derelict land in accordance with the provisions of the Act.”
Justice Matanda-Moyo argued as it stands, this property remains unacquired by the Government despite allegations suggesting its abandonment.
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