State to approve land transfers 

Source: State to approve land transfers | The Sunday Mail

Debra Matabvu

Chief Reporter

INDIVIDUALS seeking to sell or transfer agricultural land will require Government approval under a new tenure system being crafted to enhance the bankability of titles and provide broader ownership rights to beneficiaries of the Land Reform Programme, it has been learnt.

Under the proposed system, financial institutions foreclosing land used as collateral in cases of loan default will also need to seek approval from the authorities.

Similarly, the new tenure system will limit foreign ownership of agricultural land and prohibit transfer of land title to non-nationals to ensure that the resource remains predominantly under Zimbabwean ownership.

The proposed framework, which is a hybrid of the freehold tenure and other systems, will enable indigenous landholders with 99-year leases, offer letters or permits to convert these into bankable, registrable and transferable documents of tenure.

It is envisaged this modification will make agricultural land more attractive for investment while maintaining strict control over ownership and transfer of the resource.

To operationalise the changes, a technical team — the Land Tenure Implementation Committee — that includes representatives from the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development; the Ministry of Local Government and Public Works; and the Ministry of Justice, Legal and Parliamentary Affairs has been set up.

This body will provide recommendations to a Cabinet oversight committee chaired by Defence Minister Oppah Muchinguri-Kashiri.

In an interview with The Sunday Mail, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said legislative adjustments required to implement the new system were minimal.

“The process is now on course. The Chief Secretary (in the Office of the President and Cabinet, Dr Martin Rushwaya) is in the process of inviting members chosen by His Excellency, President Mnangagwa, to join the technical committee.

“This committee will work with ministerial officials to develop a roadmap for implementation,” he said.

“A working party consisting of our ministerial officials, for lands and agriculture, as well as local government, has already begun work.”

He said the proposed system will include mechanisms to ensure that agricultural land is only transferable to qualifying individuals.

“We await the recommendations from the technical committee, especially on what His Excellency said on agricultural land being only transferable to qualifying individuals,” said Minister Ziyambi.

“We need amendments to give legal effect to this so that no one can transfer their farm to someone who does not qualify.

“This is crucial to ring-fence the Land Reform Programme and prevent its reversal.”

While the Constitution and current laws already support key aspects of the proposed system, said Minister Ziyambi, the amendments will tighten provisions to regulate transfers.

These include requiring a certificate issued by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development to authorise any transfer.

The Government also intends to control the transfer of farms through company ownership structures, which could bypass the system’s safeguards, he said.

“Our laws allow for anything to be done: to have a leasehold, to transfer and give title deeds, all that is supported by our Constitution and the current laws that are in place,” he added.

“We just need to tighten it so that there is a mechanism where the Minister of Lands issues a certificate authorising the transfer of land to a specific individual.

“This means we will not have a situation where two people just transfer land amongst themselves just like that. That is the provision that we need.”

The amendments will further prohibit foreigners from acquiring agricultural land through sales or transfers.

“Like foreigners, for instance . . . You would not want a foreigner to come and buy land,” he said.

“If that is allowed, it means more foreigners will buy our agricultural land.

“Allowing foreigners to purchase agricultural land would undermine our control over the sector.

“We must ensure that land remains in the hands of indigenous Zimbabweans,” Minister Ziyambi added.

“So, we would want a scenario where that is controlled so that the beneficiaries remain largely indigenous.”

Prior to the introduction of the reforms, the Government will engage key stakeholders, including farmers, traditional leaders, financial institutions and legal experts.

This will subsequently lead to the development of laws and policies to define the structure of the new tenure system, including criteria for land ownership, as well as transferability and restrictions on foreign ownership.

The amendments will then be taken to Parliament for the enactment of new legislation to provide the legal foundation for the tenure system.