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The Land Acquisition Act, 1992 of Zimbabwe

Published online by Cambridge University Press:  28 July 2009

Simon Coldham
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Extract

The gazetting of the Land Acquisition Bill on 24 January, 1992 unleashed what has been described as the fiercest debate ever known in the history of Zimbabwe. However, the issue of land reform had been back on the political agenda ever since the expiry of the Lancaster House Constitution on 18 April, 1990, and pressures from a variety of quarters, both internal and external, had been brought to bear on the government during the intervening period. In particular, its adoption in 1990 of a document declaring National Land Policy had generated intense controversy. In accordance with the principles set out in that document the government has sought to facilitate the acquisition of land for resettlement purposes, first by amending section 16 of the Lancaster House Constitution and subsequently by enacting the Land Acquisition Act. In formulating its policy the government has recognized both the need to redress inequalities in land distribution and the need to take into account current national and international socio-economic realities. The result is a compromise.

Type
Articles
Information
Journal of African Law , Volume 37 , Issue 1 , Spring 1993 , pp. 82 - 88
Copyright
Copyright © School of Oriental and African Studies 1993

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References

1 Zimbabwe Parliamentary Debates, Vol. 18, No. 61, col. 4405, 12 March, 1992 (Minister of Lands, Agriculture and Rural Resettlement).Google Scholar

2 Ibid., cols. 4413 and 4418 (Minister of Lands).

3 Land Acquisition Act 1985, s. 3(l)(a)(iii).

4 Constitution of Zimbabwe 1980, s. 16(l)(c), (5)(a).

5 Ibid., cols. 4426, 4427 (Minister of Lands).

6 Ibid., col. 4417 (Minister of Lands).

7 Constitution of Zimbabwe Amendment Act (No. 11), No. 30 of 1990, s. 6.

8 No. 21 of 1985. This Act itself repealed and replaced the Land Acquisition Act, 1979, No. 15 of 1979.

9 For example, the provisions relating to the acquisition of derelict land without compensation remain the same. However, the government's right of first refusal in respect of rural land has been abolished.

10 See Palmer, Robin, “Land reform in Zimbabwe”, African Affairs, 1990, 89, 164 at 170.Google Scholar

11 Zimbabwe Parliamentary Debates, Vol. 18, No. 61, col. 4435 (Minister of Lands). Although large amount of under-utilized land is known to exist in the commercial farming areas, it may be doubted whether the government will be able to acquire all the land that is required without acquiring some fully utilized land.Google Scholar

12 Land Acquisition Act, 1992, s. 12(1).

13 S. 12(2). The government may, of course, give notice that it intends to acquire the land within a shorter period, but it considered it necessary to set the maximum period of ten years in order to ensure that it had sufficient time to plan the schemes and select and train the people to be resettled.

14 S. 13(1), (3).

15 S. 15(2)(a).

16 S. 14(1).

17 S. 14(5).

18 S. 14(4).

19 S. 17(1), (3).

20 S. 18(1).

21 S. 16(a).

22 S. 19(1) and First Schedule. Section 19(3) empowers the Minister to give the Committee guidelines as to the fixing of compensation and such guidelines are binding in so far as they are not inconsistent with the principles prescribed. Moreover, section 21 sets out various general considerations regarding the assessment of compensation.

23 S. 23(2). The Administrative Court consists of a President and two assessors. Appeal lies to the Supreme Court under section 18 of the Administrative Court Act, 1979.

24 S. 23(4) proviso. The first draft of the Bill provided that the Court could not set aside an assessment on the ground that the compensation was not fair, but this controversial provision was subsequently deleted as contravening section 18(9) of the Constitution (affording every person a fair hearing in the determination of his civil rights). See Zimbabwe Parliamentary Debates, Vol. 18, No. 61, cols. 1401–1404 (Mr. Senda).Google Scholar

25 S. 19(5).

26 S. 5(1)(a)(iii).

27 S. 7(1).

28 S. 16(b).

29 S. 20(2). The principles prescribed in the First Schedule only apply to designated rural land whereas the general considerations regarding the assessment of compensation set out in section 21 are of general application.

30 S. 24(2).

31 S. 52 and Second Schedule Part V.

32 Zimbabwe Parliamentary Debates, Vol. 18, No. 61, col. 4447 (Minister of Lands).Google Scholar

33 These are points expressly made by the Minister of Lands. Zimbabwe Parliamentary Debates, Vol. 18, No. 61, cols. 4433, 4434. Of course, land in these areas can still be compulsorily acquired under section 3 and its distribution controlled under section 15(2) of the Rural Land Act (discussed above). Indeed in some cases the President may be able to resume ownership of land under a clause in the title deeds; see Land Acquisition Act, 1992 s. 4.Google Scholar

34 See Zimbabwe Parliamentary Debates, Vol. 18, No. 61, cols. 4438, 4439 (Minister of Lands).Google Scholar

35 The 1979 Constitution of Zimbabwe-Rhodesia s. 124(3) defined “adequate compensation” with reference to the market value of the land.

36 It is not clear whether it is intended to assess compensation for designated rural land on different principles from other land. If so, why? In either case compensation must be “fair”.

37 Zimbabwe Parliamentary Debates, Vol. 18, No. 61, col. 4440. He claimed that land prices had doubled between March 1991 and March 1992.Google Scholar

38 Ibid., col. 4441.

39 Ibid., col. 4446. However, the Act clearly envisages the payment of compensation for the land itself, including uncleared virgin land. See, for example, First Schedule, s. 6. In some other Commonwealth African countries compensation is restricted to unexhausted improvements on the land and no compensation is paid for undeveloped land. See Clement Ng'ong'ola, “The post-colonial era in relation to land expropriation laws in Botswana, Malawi, Zambia and Zimbabwe”. International and Comparative Law Quarterly, 1992, 41, 1, 117CrossRefGoogle Scholar

40 Zimbabwe Parliamentary Debates, Vol. 18, No. 61, col. 4442 (Minister of Lands).Google Scholar

41 Robin Palmer comments: “The resettlement areas were often characterized by a degree of bureaucratic control which was all too reminiscent of past colonial schemes. There was also rivalry between ministries as to which should control the resettlement programme, and the planning ministries frequently lacked the staff to support the programme adequately …”. Op. cit., at 172. The schemes also provide opportunities for political patronage and corruption.

42 Model B schemes, under which farms were taken over by producer co-operatives, have been favoured neither by the British government nor by the settlers themselves.

43 Zimbabwe Parliamentary Debates, Vol. 18, No. 63, col. 4641 (Minister of Lands).Google Scholar