Zimbabwe's new land tenure system to tighten agricultural land ownership

Zimbabwe is crafting a new land tenure system that will require Government approval for selling or transferring agricultural land, aiming to enhance the bankability of titles and secure broader ownership rights for beneficiaries of the Land Reform Programme.

The proposed framework seeks to ensure agricultural land remains predominantly under Zimbabwean ownership while making it more attractive for investment. Foreign ownership and transfer of land titles to non-nationals will be restricted under the system, which blends freehold tenure with other systems.

Key Features of the New Tenure System

Bankable and Registrable Titles: Landholders with 99-year leases, offer letters, or permits will be able to convert them into titles that are bankable, registrable, and transferable, boosting the land's value as collateral for loans.

Controlled Transfers: Any transfer of land, including cases of loan defaults involving financial institutions, will require prior Government approval.

Restrictions on Foreign Ownership: Foreign nationals will be prohibited from acquiring agricultural land through sales or transfers to preserve the resource for indigenous Zimbabweans.

Oversight and Implementation

A Land Tenure Implementation Committee, comprising 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 established.

The committee will develop recommendations for a Cabinet oversight body led by Defence Minister Oppah Muchinguri-Kashiri. Legislative amendments to support the new system will then be presented to Parliament.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the amendments would reinforce existing laws, ensuring land transfers are regulated to prevent unauthorized sales.

Safeguarding the Land Reform Programme

Minister Ziyambi emphasized the importance of safeguarding the Land Reform Programme.

"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," he said.

The proposed amendments include mechanisms to prevent loopholes, such as transferring land through company ownership structures, which could bypass safeguards.

Stakeholder Engagement

Before the reforms are finalized, the Government plans to consult widely with farmers, traditional leaders, financial institutions, and legal experts to shape the system's criteria for land ownership and transferability.

Legal and Constitutional Alignment

The Constitution and current laws already support aspects of the proposed system, but the amendments aim to tighten provisions further. A certificate issued by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development will be required to authorize any land transfer.

Minister Ziyambi said: "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."

After consultations, the amendments will be presented to Parliament for enactment, laying the foundation for the new tenure system. The Government envisions the system as a means to secure Zimbabwe's agricultural sovereignty while fostering investment and productivity.

This move marks a significant step in protecting the gains of the Land Reform Programme while modernizing the framework to meet economic and social demands.