Former Finance minister and legal expert Tendai Biti has trashed government’s plan to issue title deeds to farm owners calling it a reversal of the land reform programme.
The government
is ploughing ahead with plans to issue title deeds, arguing that the move is
aimed at promoting economic growth, food security and social stability.
In a statement
this week, Agriculture, Lands, Water, Fisheries and Rural Development ministry
permanent secretary Obert Jiri said the title deed programme was a significant
step towards securing land ownership for farmers.
But Biti, the
former Citizens Coalition for Change vice-president, said the title deeds were
null and void as they were cancelled when the government gazetted and acquired
the land.
“All title
deeds on agricultural land were cancelled. So (President Emmerson) Mnangagwa
cannot give away as he was purported to do on December 3 title deeds on former
white man’s land, on agricultural land, because those title deeds do not exist
at all. This man always makes legal blunders, consistently,” he said during an
online programme at the weekend.
“So, Mr
Mnangagwa is reversing the land reform programme. What will happen is that in
10 years’ time, cartels will be owning this land. In 50 years’ time, we are
back to square zero.
“We now have
another land fight, this time against the cartels, black cartels. The same
cartels you see in fuel, in service stations, will now be owning the land.”
In a statement
published in the State media, Jiri said the new title would give landowners the
option to secure financing for their agricultural activities.
“The title will
potentially allow capital markets to improve their participation in
agricultural value chains. Third, the title will allow for official farm
subdivisions to cater for family inheritance.
“Fourth, the
title will create a new land market, creating opportunities for land transfers
to qualifying Zimbabweans.
“Fifth, the
title provides an exit strategy for farmers who opt out of farming and will
recover their investment. These options are not fully addressed by the current
lease and permit regime,” he said.
Jiri said with
title deeds, farmers would have improved security of tenure, allowing them to
make long-term investments in their land without fear of losing it.
He said a
citizen of Zimbabwe who holds an offer letter, permit or lease for agricultural
purposes was eligible for title deeds.
“A very
thorough screening process has been operationalised to weed out non-genuine
permits and leases,” Jiri said.
He said the
government had made arrangements with financial institutions to offer mortgage
for the purchase of agricultural land.
“Once agreed,
land owners will receive title deeds, which will be issued against full payment
or mortgage with the selected banks. The banks shall be making separate
announcements,” Jiri said.
However, citing
section 295 subsection 5 of the Constitution, which states that land cannot be
alienated without an Act of Parliament, Biti said the title deeds were illegal.
“In other
words, Parliament needs to be consulted, Parliament must agree and Parliament
must come up with this. Secondly, I notice he has appointed someone to run this
programme, a private individual,” he said.
“He also says
that this land should only be transferred to indigenous black Zimbabweans. But
the Constitution in section 298 says every Zimbabwean regardless of race has
the right to own land.
“That is not
allowed by the Constitution. The Constitution has created a land commission and
the Constitution says anything to do with agricultural land, the land
commission must be there. So it’s a potpourri of legal errors.” Newsday
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