Is your Zimbabwe property safe from property hijackers

This is a follow up article of title deeds fraud which I wrote in January 2022 that went viral. There is now a new fraud trend called Property Hijacking happening in South Africa. Property hijacking is a term that conjures images of organised crime syndicates forcibly taking over properties, denying legitimate owners their rights, and exploiting legal loopholes to maintain illegal possession. This is a phenomenon that has been widely reported in South Africa, where residential homes are targeted by criminals who often work in collusion with corrupt officials and exploit the vulnerabilities of the legal and administrative systems. But can such a situation occur in Zimbabwe?

This article delves into the possibility of property hijacking happening in Zimbabwe by examining the socio-political environment, the effectiveness of legal frameworks, and the vulnerabilities within Zimbabwe's property rights system. By comparing it with other cases in the region, particularly in South Africa, we can analyse the likelihood of property hijacking taking root in Zimbabwe.

Understanding Property Hijacking

Property hijacking generally refers to the illegal occupation of someone's property, either through force, manipulation of documentation or other fraudulent means. In many cases, syndicates take advantage of absent property owners, particularly those who have emigrated or own multiple properties. The modus operandi involves obtaining fake documents, bribing officials to register the property under a different name, and often renting out the property while the legal owner remains unaware.

In South Africa, property hijacking has become a widespread problem, especially in urban areas like Johannesburg and Cape Town. Syndicates manipulate the deeds registry, forge property transfer documents, and even go as far as intimidating property owners into relinquishing their rights. The collusion of corrupt officials within municipal systems exacerbates this problem.

What is state of Zimbabwe's Property Market

Zimbabwe's real estate market is characterised by significant challenges that make it susceptible to property-related crimes. After the chaotic land reforms of the early 2000s, which saw the displacement of white commercial farmers, property ownership in Zimbabwe became a sensitive and contested issue. Urban properties, however, have largely remained under private ownership, even during the turbulent political and economic periods.

Over the years, the property market in Zimbabwe has seen fluctuating values, driven by hyperinflation, currency changes, and political instability. Additionally, many Zimbabweans in the diaspora own properties back home, making them absentee landlords. These absentee landlords are often the most vulnerable to property fraud, including potential hijacking, as they are far removed from the day-to-day affairs concerning their properties.

Could Property Hijacking Happen in Zimbabwe?

Several factors suggest that property hijacking could become a reality in Zimbabwe, particularly in the context of urban properties. Below, we explore the key factors that could contribute to this risk:

Weaknesses in the Legal System and Registry Processes

The legal and property registration systems in Zimbabwe, like in many African countries, are plagued by inefficiencies, outdated processes, and corruption. The Deeds Registry, responsible for recording property ownership, has often been criticised for its cumbersome procedures and lack of digitisation. In some cases, manual record-keeping and paper files still dominate, making the system prone to manipulation and fraudulent activities.

Corrupt officials can exploit these weaknesses to alter property records or create fake documents that enable criminals to hijack properties. If a syndicate has connections within the registry office, it could easily forge documents that claim ownership of a property, making it difficult for the legitimate owner to reclaim their property.

Political and Economic Instability

Zimbabwe's history of political and economic instability has created an environment where property rights are often contested and can be undermined. During times of crisis, like hyperinflation or political turmoil, citizens have had to contend with a breakdown in the rule of law, where those with power and influence can bypass legal processes.

In such an environment, property hijacking could thrive as syndicates take advantage of weak governance, poor oversight, and a lack of accountability in public institutions. The fact that property disputes are often politicized in Zimbabwe further complicates matters, as legal processes can be influenced by political interests.

Absentee Landlords and the Diaspora Factor

The Zimbabwean diaspora is extensive, with millions of Zimbabweans living and working abroad. Many of these individuals still hold assets in Zimbabwe, particularly properties that are managed by relatives, caretakers, or property management companies. Absentee ownership presents a significant risk, as property owners are often not immediately aware if something goes wrong with their property.

This vulnerability could be exploited by criminal syndicates, who could potentially take over properties by producing fake documents, intimidating caretakers, or even forging lease agreements. Without the owner's immediate presence, it becomes easier for criminals to rent out properties, collect rent, or even attempt to sell the property fraudulently.

Precedents in Informal Settlements and Land Invasions

Zimbabwe has a history of informal settlements and land invasions, where individuals or groups illegally occupy land or properties. While this was more prominent during the height of the land reform program targeting commercial farms, similar activities have been observed in urban areas. In Harare, for example, there have been instances of informal settlements cropping up on privately owned land, with squatters refusing to vacate.

This culture of impunity, where illegal occupation is sometimes tolerated or politically sanctioned, could pave the way for organized property hijacking in urban areas. If criminal syndicates observe that authorities are reluctant to enforce evictions or prosecute illegal occupiers, they may be emboldened to engage in property hijacking with little fear of consequences.

Potential Collusion with Corrupt Officials

For property hijacking to occur on a significant scale, there needs to be a degree of collusion between criminals and officials within the deeds registry, municipal offices, or law enforcement. Zimbabwe has a long-standing problem with corruption, which permeates various levels of government and public service. In such an environment, it is conceivable that officials could be bribed to facilitate the illegal transfer of property ownership or to overlook fraudulent activities.

If syndicates are able to “buy” cooperation from registry officials, the risk of property hijacking increases significantly. Owners could wake up one day to find that their property has been transferred to someone else, with little recourse for reclaiming it, especially if the legal system is compromised.

Legal and Social Safeguards

While the risks are evident, Zimbabwe does have certain safeguards that could mitigate the potential for property hijacking:

Legal Recourse and the Role of the Courts

Zimbabwe's legal system, despite its challenges, does provide mechanisms for property owners to reclaim their rights if they can prove ownership. Civil courts have historically been involved in resolving property disputes, and a determined legal team could navigate the system to challenge fraudulent transfers. However, this process can be lengthy, costly, and is often influenced by the political environment.

Community Vigilance and Reporting Mechanisms

In many cases, property hijacking relies on the anonymity of the syndicates and the absence of the real owner. If communities are vigilant and there are strong neighborhood associations or reporting mechanisms, unusual activities, such as a sudden change in occupancy or suspicious behavior, can be flagged early. This could deter hijackers from attempting to take over a property, as the likelihood of getting caught increases.

Digitisation and Modernisation of the Deeds Registry

The Zimbabwean government has been making efforts to modernize the property registration process, although progress has been slow. A digitized registry that uses blockchain technology or other secure systems would make it much harder for fraudsters to alter records. If records are accessible online and linked to biometric data or secure verification processes, the risk of hijacking would be greatly reduced.

While Zimbabwe has not yet experienced property hijacking on the scale seen in South Africa, the potential for such crimes is real. The combination of a weak registry system, absentee ownership, corruption, and political instability creates an environment where property hijacking could take root. Criminal syndicates could exploit these weaknesses, especially if there is little fear of prosecution or legal consequences.

Preventing property hijacking requires a multi-faceted approach that includes legal reforms, the modernization of the deeds registry, better community awareness, and strict enforcement of property rights. The government must take proactive steps to close legal loopholes, digitize property records, and root out corruption within institutions responsible for property registration and ownership verification.

Ultimately, the onus is on property owners, legal professionals, and the government to ensure that Zimbabwe's property market remains secure and that the rights of legitimate owners are protected from potential hijackers. The sooner these measures are put in place, the less likely it is that Zimbabwe will face a full-blown property hijacking crisis similar to that seen in South Africa.