State theft of land legalised in new constitution
By Alex Bell
23 July 2012
The drafters of Zimbabwe’s new constitution are facing serious criticism for
signing off on a document that appears to legalise state sanctioned theft of
land, which could potentially lead to a fresh flurry of land invasions.
The new document, which has taken over three years and many millions of
dollars to complete, is already being criticised as a deeply flawed product
of negotiation. Analysts from both sides of Zimbabwe’s gaping political
divide have criticised the proposed charter, while other observers have said
the MDC has “given in” to ZANU PF.
But one element that is clearly in ZANU PF’s favour is the section on land.
The draft document enshrines the right of the state to seize land, while
also guaranteeing land invaders the right to the properties they seize. The
draft states that all agricultural land, including forestry land,
conservation land and horticultural land, among others, may be “acquired” by
the State for “public purpose.” The takeovers will also be done without
compensation according to the new charter and compensation issues cannot be
challenged in the courts.
The draft also stipulates that legal challenges to the state takeover of
land may not be on the ground that it was “discriminatory.”
The draft constitution also upholds the standards of the old charter by
insisting that Britain is responsible for compensation for the land seized
as part of the land grab. The draft states that “the former colonial power
has an obligation to pay compensation for agricultural land,” and if this
fails to happen “the Government of Zimbabwe has no obligation.”
This provision flies in the face of a 2008 ruling in the Southern African
Human Rights Court, which ruled that the land grab was unlawful. It ordered
the then ZANU PF led government to compensate the farmers who lost land,
saying the land seizures were “inherently discriminatory.”
Zimbabwe’s new charter however makes the legal provision for this regional
ruling to be ignored, and goes further to enshrine the rights of current and
future land invaders.
The document states that anyone “using or occupying” property before the
constitution comes into effect, “continues to be entitled to use or occupy
that land” when the charter becomes effective.
Douglas Mwonzora, the MDC-T spokesman and key party official heading the
constitution rewriting exercise, told SW Radio Africa on Monday that there
are “difficulties” in the land clauses, arguing that the product is one that
had to be negotiated with ZANU PF.
But he insisted that the provisions ensure that land acquisitions in the
future, when sanctioned by the state, will be done “legally,” because the
state take over of properties will be provided for in this new charter.
John Worsley-Worswick from Justice for Agriculture (JAG) meanwhile said the
clauses on land are concerning “because there are few changes to the old
constitution.”
“We are alarmed,” Worsley-Worswick said, emphasising the need for property
rights to be secured for the future of Zimbabwe. He also agreed that
Zimbabwe was appearing to legitimise land seizures with this document.
“For this country to move forward you need stability in agriculture, because
Zimbabwe is essentially an agriculture based economy. But this constitution
does not allow for any stability,” Worsley-Worswick said.