The Government says that illegal occupation of productive farms will not be tolerated anymore

The statement presented the Government’s position on the compensation of indigenous (black) Zimbabweans who lost their land during the land reform programme and the compensation of former farm owners whose land was covered by Bilateral Investment Protection and Promotion Agreements (BIPPAs).

Some locals and foreigners seem confused by the Government’s statement particularly the issue of returning land to certain former farm owners as compensation. Many have misconstrued this as the reversal of the land reform programme by President Mnangagwa’s Government.

The compensation of former farm owners is covered in section 295 of the constitution of Zimbabwe. There are three categories of farm owners eligible for compensation in different forms. Section 295 (1) provides that indigenous Zimbabweans who lost their land must be compensated for the land and developments thereon. Section 295 (2) stipulates that those whose land was covered by BIPPAs and bilateral investment treaties (BITs) are entitled to compensation for the land and developments thereon. Section 295 (3) compels the Government to compensate those not covered in subsection 1 and 2 for improvements on the land and nothing else.

In line with the constitution of Zimbabwe, President Mnangagwa’s Government has put measures to provide compensation to all three categories of former farm owners.

The recent statement provides options for the compensation of farmers under subsection 1 or 2 of section 295. In fact, these former farm owners were not included in the Global Compensation Deed signed recently. It is only these two categories of former farmer owners who have the option to get back their land or to be allocated alternative land elsewhere.

The farmers that fall under section 295 (3) will be compensated only for improvements on their farms in accordance with the Global Compensation Deed recently signed by the Government and former white farmers. These former white farmers owned more than 98 percent of the land expropriated by the Government during the land reform programme. They have no option of getting back that land.

It is worth noting that the number of farms covered by BIPPAs and BITs are fewer than 37.

Some of the farmers in this category already received compensation for their land during the Mugabe era. According to the recent Government statement, the compensation of these farmers will be governed by Statutory Instrument 62 of 2020.

President Mnangagwa is not reversing the land reform programme; he is simply implementing the country’s constitution. By committing to the full compensation of farmers covered by BIPPAs and BITs, the Government of Zimbabwe is respecting and restoring property rights. Moreover, the new black farmers currently occupying the land covered by BIPPAs will not be left landless, they will be resettled elsewhere by the Government. This is a positive move that should be applauded by locals and foreigners alike.

The Government’s statement also emphasised that illegal occupation of productive farms will not be tolerated anymore. In addition, the Government will not downsize productive farms. This is a complete departure from the past where the Government allowed the disruption of production on white-owned farms.

The criticism being levelled against President Mnangagwa’s Government is driven by sheer ignorance of the country’s constitution and political propaganda. If anything, the recent moves by the Government seek to correct the mistakes made during the land reform programme and to bring sanity to the agricultural sector. There is no reversal of Zimbabwe’s land reform programme. In fact, the Government is effectively finalising the land reform programme. — cnbcafrica.com

Kudzai Mutisi is a Zimbabwean political analyst, chemical engineer and engineering lecturer at a South African university.