High Court compels release of State land probe report

The High Court of Zimbabwe has ordered President Emmerson Mnangagwa to publish a long‑withheld Commission of Inquiry report into the sale of State land, ruling that continued secrecy violated citizens’ constitutional rights.


In a judgment delivered on 24 December 2025, Justice Maxwell Takuva directed the President to release the report within 90 days, finding that the failure to disclose it infringed Section 62 of the Constitution, which guarantees access to information held by the State.

The application was filed in September 2023 by former legislator Allan Norman Markham, who approached the courts after years of unsuccessful attempts to obtain the report through parliamentary and administrative channels.

Markham, represented by Zimbabwe Lawyers for Human Rights, argued that the report — compiled by a commission chaired by Justice Tendai Uchena — contains critical findings on the illegal sale of State land and significant financial losses to the government. He submitted that withholding the report undermined transparency, accountability and public oversight, contrary to the founding values set out in Section 3(2)(g) of the Constitution.

Justice Takuva held that the right of access to information is “not discretionary but enforceable”, and binds all State institutions, including the Presidency. He ruled that the report is of significant public importance, involving land governance and alleged large‑scale irregularities. Continued non‑disclosure, he said, conveyed “opacity rather than transparency, secrecy rather than accountability”.

The State argued that releasing the report could infringe the rights of individuals named in it, but the court dismissed this position, noting that any limitation on access to information must be clearly provided for by law. A blanket refusal to publish the report did not meet constitutional requirements.

The court ordered that the Commission of Inquiry report into the sale of State land be published and made accessible to the public within the stipulated 90‑day period.

Following the ruling, President Mnangagwa moved to comply with the order through a General Notice issued on 1 May 2026 by Chief Secretary Martin Rushwaya, directing the release of the report.

The document is expected to shed light on allegations of illegal land allocations, the role of land barons and financial prejudice to the State running into billions of dollars.

Legal analysts say the judgment reinforces the constitutional principle that access to information held by the State is a fundamental right essential for transparency, accountability and good governance. They note that the ruling sets an important precedent for enforcing access‑to‑information rights and limiting executive secrecy in Zimbabwe.