New provisions dilute Land Commission’s effectiveness
http://www.theindependent.co.zw/
February 1, 2013 in Politics
THE proposed constitutional provision for a Land Commission to fall under
the Lands ministry would hinder its independence, raising doubts over its
effectiveness.
Report by Wongai Zhangazha
The changes were introduced in the final draft constitution agreed to by the
unity government principals two weeks ago. Critics say the Land Commission
should have remained independent as was provided for in the July 2012 draft
constitution.
The July draft stipulated that the commission should be independent, but new
provisions were added in the latest draft which state: “The Zimbabwe Land
Commission, with the approval of the minister responsible for land, may make
regulations for any of the purposes set out in the subsection.
“The Zimbabwe Land Commission must exercise its functions in accordance with
any general written policy directives which the minister responsible for
land may give it.”
The commission’s main functions include ensuring accountability, fairness
and transparency in the administration of agricultural land that is vested
in the state; conducting periodical audits of agricultural land; and making
recommendations to government regarding the acquisition of private land for
public purposes.
It will also investigate complaints and disputes regarding the supervision,
administration and allocation of agricultural land and ensure fair
compensation payable under any law for agricultural land and improvements
that have been compulsorily acquired.
Blessing Vava of the National Constitutional Assembly (NCA) said: “The fact
that it’s under a ministry removes its independence. The minister
responsible will be the one calling the shots.”
However, Constitutional Affairs minister Eric Matinenga on Tuesday said the
Land Commission was changed from being independent to being an executive
commission because the land issue was not a universal matter.
Matinenga said: “The July provision had an independent commission, but the
draft now has an executive commission, the reason being that when it comes
to issues like human rights they are general and universally accepted, they
do not change. However, land is a specific matter; something that can change
with policies.