Blow for war vets contesting Mnangagwa title deeds

A High Court judge has dismissed an application by a war veterans' pressure group seeking to stop the government from issuing title deeds for agricultural land, dealing a significant blow to the group's efforts to challenge Zimbabwe's new land tenure policy.

The matter was heard by Justice Samuel Deme, who ruled that the application lacked merit and ordered the applicants to pay costs.

The applicants — Godfrey "Zvabhendabhenda" Gurira, Joseph "Hitler" Chinyangare, Reuben Zulu, Digmore Ndiya and the War Veterans Pressure Group Trust — had cited President Emmerson Mnangagwa, Lands minister Anxious Masuka and the Zimbabwe Land Commission as respondents. They were represented by lawyer Tendai Biti, while Ms Musangwa appeared for the respondents.

The group sought a constitutional declarator challenging the land tenure policy announced by President Mnangagwa on October 8, 2024. Businessman Kudakwashe Tagwirei chairs the committee responsible for implementing the new policy.

The war veterans argued that, in accordance with section 293(3) of the Constitution, no State-held agricultural land should be sold, privatised or transferred without an Act of Parliament, and further submitted that any alienation of such land required consultation and approval of the Zimbabwe Land Commission, as stipulated in section 297(1)(a).

But Justice Deme ruled that their arguments did not hold.

"Thus, it serves no purpose to declare the existing and undisputed position of the law that all old title deeds in respect of all agricultural land acquired by the government were cancelled," he said.

He further clarified that the State remained fully empowered to issue new titles to new beneficiaries.

"However, as highlighted before, the State is not prevented from issuing new titles to new owners of agricultural land in terms of section 293(1) as read with section 292 of the Constitution," he added.

Justice Deme agreed with the respondents' submissions that section 72(5) of the Constitution does not bar the issuance of new titles following the cancellation of old ones, and that the State is constitutionally obligated to enhance land tenure security.

The respondents also argued that contrary to the applicants' assumptions, an Act of Parliament required under section 293(3) is already in place — namely, the Land Commission Act [Chapter 20:29]. They further submitted that the Executive is not bound by the recommendations of the Zimbabwe Land Commission, citing section 297(3) of the Constitution and section 17 of the Land Commission Act.

They maintained that government's new land tenure framework was introduced as part of a broader policy process, not in isolation.

Mnangagwa's programme will replace the long-standing 99-year leases and offer letters with title deeds, a move expected to strengthen land ownership rights and improve access to capital for farmers. The policy also includes a US$500 per hectare annual levy for holders of offer letters, permits or leases. Funds collected will contribute to the US$3.5 billion compensation package for white former commercial farmers whose land was taken during the fast-track land reform programme.

A Global Compensation Deed Agreement signed in 2020 between the government and the Commercial Farmers Union came into effect in 2025, with an initial US$3 million disbursement made toward compensating the first batch of 378 farms. The remainder will be settled through US dollar Treasury bonds.

The High Court decision marks another step forward for the government's land tenure reforms as it moves ahead with plans to issue title deeds across the country.