LAND LAW 3110

Dr. N. Muleya
nicholasmuleya@gmail.com

ANESU A CHAPUNZA

G0201749P

ASSIGNMENT 1

g0201749p@students.gsu
.ac.zw
QUESTION

During the address of Zimbabweans employed at the United Nations Headquarters in the New
York, His Excellency President E. D. Mnangagwa said:

‘Land is in three categories, there is agricultural land that is not for sale…We have issued 99
year leases…Then there is urban land which is freehold, that one is bought and sold. Then there
is communal land that you engage with the traditions leaders’ (Herald, 27 September, 2022).

In light of the above statement, expose the various tenure systems in Zimbabwe. Using relevant
Legislation, practical examples and case law, discuss the merits and demerits of each land tenure
system (100 marks).

ANSWER

Introduction

At the time of independence, Zimbabwe inherited a racially divided, dual, unequal and
hierarchical land tenure system that gave whites freehold and leaseholds, the rights and duties
pertaining to which were provided for and protected by law. The black indigenous population
occupied ‘tribal lands’ and their rights to such lands were not protected by law but recognized
administratively and subject to customary land tenure (with inferior forms of rights) (Moyo
2006). Zimbabwe reached a crucial crossroads in its land reform with the expiration of the
Lancaster House Constitution in April 1990, which opened the door for policy debate on
alternative land redistribution options (Roth et al. 1994). Land and tenure reforms in Zimbabwe
are highly emotive and complex political issues, and closely linked to anti-colonial ideologies
that focus on black empowerment and socioeconomic justice (Sachikonye, 2005).

Land tenure refers to the bundle of rights and responsibilities, under which land is held, used,
transferred, and succeeded (S.J. La Croix, 2002).The four main systems of land tenure in
Zimbabwe are the freehold (private), state land, communal and leasehold(resettlement) systems
(Shumba, 2001).

Freehold

The large scale and small scale commercial farmers occupy about 32% of the country’s land
under individual land ownership which guarantees exclusive property rights and full control and
responsibility over the land and infrastructure. Statutory provisions such as control over public
watercourses and wildlife may limit the exclusive control (Chimbindi, 2018). This system is
deals with individual land ownership where the registered land owner has exclusive property
rights and full control and responsibility over the land and everything attached to it except to the
extent that ownership and exclusive control over the land and some natural resources may be
limited by statutory provisions. These limitations relate to changes in land use, controls over
public water courses, felling of indigenous timber resources and controls on wildlife.

Recording and proving title to freehold property are handled under the Deed Registries Act (CAP
139). All titles granted from crown land were registered at the time of grant, and the law requires
the registration of all subsequent transactions, subdivisions, and inheritances. All freehold land is
thus registered, as are leases for ten years or more or for the life of one of the parties and
mortgage deeds (Bruce, 1994). Freehold has been the classically secure tenure and, as such, has
been reported to provide the greatest incentives for long-term investment in land. Tenure security
was preserved by the Lancaster House Constitution. But freehold, and the security with which it
is held, is regarded by policymakers with considerable reservation (Roth et al, 1994). MLARR's
draft “Communal Lands Development Plan" (MLARR 1986, p. 46) suggests that "freehold
tenure has resulted in generally acknowledged high standards of land conservation, land
improvement and agricultural productivity but at the expense of high land concentration and
income inequalities among the rural population and at the cost of partial underutilization of the
land. “While indicating that no drastic changes are needed, it notes that the Land Acquisition Act
provides government with new controls over freehold and suggests that a further adjustment
would involve conversion of the freehold title over land into long-term leasehold title from the
state for a period of 99 years, with the landholders or their heirs given the first option for renewal
of the leasehold contract.

Advantages

 Perpetual ownership unless disposed of willingly because rights are in individuals and
companies and not the state.
 Can be Transferred freely using the market forces and legal process of land registration.
 Secure land rights which allow for long-term investments.
 Minimal interference in land administration.
 Financial institutions can mortgage when borrowers default on loan repayments.
 Can be used as collateral security freely for the full value of the land and improvements.
 Formal courts protect private property and Constitutions affirm the land rights.
 Title Deed is surveyed and registered through the Deeds Registry Act.

Disadvantages

 Criminalize natural resources access for non-commercial use.

 Minimal land use regulations applied by state resulting in emphasis on imports than
domestic production which leads to reduced ability to produce own food.
 Land can being held for financial speculation as there will be Protection by laws.
 STATELAND
The State set aside 15% of the country as gazette/protected forests (2%) and national
parks (13%).Apply to all state land held or other statutory bodies under or in terms of
specific statutory provisions. Thus national parks, land, national forests land and game
reserves all fall within this tenurial category by virtue of the fact that these lands are
vested in or allocated to statutory bodies in terms of Acts of Parliament (Shivji, 1998).
Public (or state) land ownership may withhold land for conservation purposes or public
land management and facilitate more equal access to prime locations (YAS, 2013).

COMMUNAL
It is a customary land tenure system whereby local leaders allocate arable land to
households and their families on a usufruct basis (Dore, 2013). This means that
households have use rights, but no rights to rent or sell their land. All communal lands in
Zimbabwe fall within customary tenure with a plethora of indigenous and state
administrative arrangements that specify what people in communal areas should and
should not do (Shivji, et. al., 1998; Matondi, 2001). The Communal Land Act defines
communal land as consisting of all land which was Tribal Trust Land in terms of the
Tribal Trust Land Act subject to any additions thereto or subtractions there from which
may be made by the President in terms of section 6 of the Act (Matondi et al, 2011).

Advantages
 Perpetual ownership unless if owner willingly leaves;
 Social integration and bonds are very strong (high social capital);
 Production for domestic consumption, and given that there are semi market systems most
members of households do not go hungry as there is a lot of sharing.

Disadvantages
 In the event of a natural calamity such as drought or floods the coping capacity is weak.
 Do not have secure land rights and does not encourage long-term investments as there is
no economic value;
 Sustainable environmental conservation is weak for shared resources, especially when
pressure by human and livestock population;
 Land cannot be held for speculative purposes as it has no value and also it will be
allocated by the community;
 Only improvements can be transferred;
 Land is not planned surveyed or registered
 Challenges of inheritance as families squabble over who takes the land and for what
reasons;
 Fear that authorities under the presidential trusteeship can abuse their authorities in land
transactions through corruption and political interference;
 Land is under partial protection by the courts.

Leasehold
Refers to all land occupied in terms of an agreement of lease with the owner whether that
owner is the state, a public body or a private individual. The defining feature of this
tenurial regime is that one person occupies and uses land on the basis of a contractual
agreement of lease (Shivji, 1998). Under leasehold land tenure, ownership of land is
based on the notion of rentals for long periods. Such leases can be long or short and the
issuing of 99-year leases is considered to be as secure as a freehold land tenure system

Advantages
 It fulfils short term residential requirements.
 It has a high level of control.
 It is highly secure.

Disadvantages
 It is unfavourable for long term investment.
 Lessee does not benefit from increased land value.

REFERENCES
Land Policy in Zimbabwe: A Framework for Discussion Papers (Doré, 10 April 2012)
Powelson, John P., The Story of Land: A World History of Land Tenure and Agrarian
Reform. Cambridge, MA: Lincoln Institute of Land Policy, 1988.
Cheater, A. P. 1982. ‘Formal and informal rights to land in Zimbabwe's black freehold
areas: a case study from Msengezi’, Africa 52 (2), 77–91.
Moyana, H. V. 1984. The Political Economy of Land in Zimbabwe. Gweru: Mambo
Press.
Ranger, T. 1985. Peasant Consciousness and Guerilla War in Zimbabwe. Harare:
Zimbabwe Publishing House.
Rhodesia. 1967. Tribal Trust Land Act (no. 9). Salisbury: Government Printer.
Rhodesia. 1969. Land Tenure Act (no. 55). Salisbury: Government Printer
Zimbabwe-Rhodesia. 1979. Land Acquisition Act (no. 15). Salisbury: Government
Printer