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White farmer slams Zimbabwe's new title deeds as 'worthless'
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Ben Freeth, the former Chegutu commercial farmer turned global land rights activist, has sharply criticized the Zimbabwean government's newly-issued title deeds for farms acquired during the country's chaotic land reform program, calling them "unbankable" and "worthless."
Freeth, who now leads the Sadc Tribunal Rights Watch, voiced his concern over the government's plans to issue these new title deeds, which would allow beneficiaries of the controversial land reform program to sell their land and use it as collateral for loans. The policy, launched by President Emmerson Mnangagwa last year, has already seen some farmers, including Mnangagwa himself, receive title deeds to the land they occupy.
However, Freeth argues that these new title deeds fail to address the unresolved issue of the original owners' rights to the land. He pointed out that many of the farms now under new ownership had legally-issued title deeds held by former white commercial farmers, smallholders, and members of the Zimbabwe People's Revolutionary Army (ZPRA). Despite court rulings confirming that these original title deeds are still valid, the former owners have not been compensated for the land they lost.
"These title deed owners have not been compensated for their land, despite having final and binding court judgments which confirm that such original title deeds are still bona fide," Freeth said. "The title deeds being given to Mnangagwa and his allies undermine international law and the Sadc Treaty of 1992."
Freeth further explained that the final and binding judgment of the Sadc Tribunal in the landmark Campbell case would render the newly issued title deeds "unbankable." In 2008, the Tribunal ruled that Zimbabwe's government had violated human rights by depriving farmers of their land without access to fair hearings or the right to justice. The Tribunal's decision in the case of Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe confirmed that the government's actions breached the Sadc Treaty.
"The government's issuance of these new ‘title deeds' without a full and fair settlement with the original title deed holders will make them worthless," Freeth warned. "These deeds will be as futile as Zimbabwe's failed attempts to issue new currencies over the past 15 years."
He also criticized the Zimbabwean government for not following a fair process to issue legitimate title deeds. While he voiced support for initiatives that grant genuine title deeds for land that has been rightfully purchased or in communal areas, Freeth strongly opposed the current approach, calling it a step backwards.
Freeth praised Rwanda's government for successfully issuing freehold title deeds to its citizens, a process he described as a key factor in the country's development. "Rwanda has undertaken this incredibly powerful transformation," he said, "but Zimbabwe has gone the other way, reversing progress by taking titles away where they had previously existed."
Freeth's remarks come amid heightened political and legal tensions surrounding Zimbabwe's land reform program. He noted that the government's move to issue "counterfeit title" deeds would only contribute to further confusion and stagnation in the country's agricultural economy.
The activist also reiterated the need for Zimbabwe to return to the rule of law, re-establish its justice system, and uphold final and binding judgments such as the Sadc Tribunal's Campbell ruling.
Meanwhile, in a recent presentation in the United Kingdom, Freeth called for the creation of a just land system in Zimbabwe that would not only address the grievances of former landowners but also establish new, legitimate title deeds for Zimbabweans. "I would love to see a system in Zimbabwe where, instead of cancelling 10,000 title deeds, a million legitimate title deeds can be established," he said.
The government, however, has dismissed Freeth's concerns. A senior official responded by asserting that Freeth and other former farm owners had seized the land without compensating local people.
Freeth, along with his father-in-law Mike Campbell, previously launched a legal campaign against the land reform program, taking the case to the Sadc Tribunal. The Tribunal ruled in their favor, but the decision was not enforced after Zimbabwe's government campaigned for the disbanding of the Tribunal under the late President Robert Mugabe's administration.
As Zimbabwe continues to grapple with the consequences of its land reform program, the issue of land ownership and the legitimacy of new title deeds remains a contentious and unresolved matter.
Freeth, who now leads the Sadc Tribunal Rights Watch, voiced his concern over the government's plans to issue these new title deeds, which would allow beneficiaries of the controversial land reform program to sell their land and use it as collateral for loans. The policy, launched by President Emmerson Mnangagwa last year, has already seen some farmers, including Mnangagwa himself, receive title deeds to the land they occupy.
However, Freeth argues that these new title deeds fail to address the unresolved issue of the original owners' rights to the land. He pointed out that many of the farms now under new ownership had legally-issued title deeds held by former white commercial farmers, smallholders, and members of the Zimbabwe People's Revolutionary Army (ZPRA). Despite court rulings confirming that these original title deeds are still valid, the former owners have not been compensated for the land they lost.
"These title deed owners have not been compensated for their land, despite having final and binding court judgments which confirm that such original title deeds are still bona fide," Freeth said. "The title deeds being given to Mnangagwa and his allies undermine international law and the Sadc Treaty of 1992."
Freeth further explained that the final and binding judgment of the Sadc Tribunal in the landmark Campbell case would render the newly issued title deeds "unbankable." In 2008, the Tribunal ruled that Zimbabwe's government had violated human rights by depriving farmers of their land without access to fair hearings or the right to justice. The Tribunal's decision in the case of Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe confirmed that the government's actions breached the Sadc Treaty.
"The government's issuance of these new ‘title deeds' without a full and fair settlement with the original title deed holders will make them worthless," Freeth warned. "These deeds will be as futile as Zimbabwe's failed attempts to issue new currencies over the past 15 years."
He also criticized the Zimbabwean government for not following a fair process to issue legitimate title deeds. While he voiced support for initiatives that grant genuine title deeds for land that has been rightfully purchased or in communal areas, Freeth strongly opposed the current approach, calling it a step backwards.
Freeth praised Rwanda's government for successfully issuing freehold title deeds to its citizens, a process he described as a key factor in the country's development. "Rwanda has undertaken this incredibly powerful transformation," he said, "but Zimbabwe has gone the other way, reversing progress by taking titles away where they had previously existed."
Freeth's remarks come amid heightened political and legal tensions surrounding Zimbabwe's land reform program. He noted that the government's move to issue "counterfeit title" deeds would only contribute to further confusion and stagnation in the country's agricultural economy.
The activist also reiterated the need for Zimbabwe to return to the rule of law, re-establish its justice system, and uphold final and binding judgments such as the Sadc Tribunal's Campbell ruling.
Meanwhile, in a recent presentation in the United Kingdom, Freeth called for the creation of a just land system in Zimbabwe that would not only address the grievances of former landowners but also establish new, legitimate title deeds for Zimbabweans. "I would love to see a system in Zimbabwe where, instead of cancelling 10,000 title deeds, a million legitimate title deeds can be established," he said.
The government, however, has dismissed Freeth's concerns. A senior official responded by asserting that Freeth and other former farm owners had seized the land without compensating local people.
Freeth, along with his father-in-law Mike Campbell, previously launched a legal campaign against the land reform program, taking the case to the Sadc Tribunal. The Tribunal ruled in their favor, but the decision was not enforced after Zimbabwe's government campaigned for the disbanding of the Tribunal under the late President Robert Mugabe's administration.
As Zimbabwe continues to grapple with the consequences of its land reform program, the issue of land ownership and the legitimacy of new title deeds remains a contentious and unresolved matter.
Source - newsday
