The Prosecutor- General (PG), Justice Loyce Matanda-Moyo, has approached the High Court seeking an order to reclaim and protect State land that has been lying idle and unclaimed since independence and was being unlawfully targeted for illegal settlements and sales by land barons.
The
application, lodged through head of the Asset Forfeiture Unit Mr Chris
Mutangadura, seeks a declaratory order for the State to secure and superintend
parcels of land whose ownership has never been established after the former
title holders left the country at independence.
It is envisaged
that this move will boost the Government’s ongoing clampdown on illegal land
dealings.
Among the
targeted properties is a prime piece of land in Waterfalls, Harare, registered
in 1977 as Induna Township 6 of Lot 10, which has reportedly attracted the
attention of land barons due to its unclear status.
According to
court papers, the PG’s intervention followed a tip-off from a whistle-blower
about the property, prompting her office to investigate its ownership.
The PG obtained
a copy of the Surveyor-General’s diagram and approached the Registrar of Deeds
in January 2022 to determine if the land was privately owned or held by any
entity.
Investigations
revealed that no title deed had ever been issued for the land, confirming that
it remains unclaimed and unoccupied.
Further
inquiries by the police uncovered that the City of Harare had no record of the
land’s allocation, producing only a 1976 document showing that the property had
been surveyed and earmarked for development — without specifying a beneficiary.
In her
application, Justice Matanda-Moyo said it was her constitutional mandate, under
Section 258, to prosecute individuals targeting State land.
“It is,
therefore, clear that the applicant, under Section 258 of the Constitution of
Zimbabwe, is mandated by law to discharge any functions that are necessary or
incidental to such prosecutions of persons who have set their eyes on the idle
land which, for all intents and purposes, belongs to the State,” reads the
application.
In Zimbabwe,
land ownership is classified into several categories — urban or town land held
through title deeds, rural district land managed through leases or permits,
agricultural land under title deeds and communal land under the administration
of traditional leaders.
“The land in
question is not specific as to who owns it and the supposed owner. The State is
mired in ignorance as to who between itself and the Harare City Council
controls the land. Neither is the land in possession or occupation by anyone,”
reads part of the petition. Sunday Mail
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