HARARE – Zimbabwe is crafting a new land tenure system that will require government approval for the sale or transfer of agricultural land, a move aimed at enhancing the bankability of land titles while ensuring ownership remains predominantly in local hands.
The proposed system, designed to safeguard gains from the Land Reform Programme, will also restrict foreign ownership and transfer of agricultural land to non-nationals. Financial institutions seeking to foreclose on land used as collateral in cases of loan defaults will also need government consent under the framework.
A Hybrid Tenure Model
The framework is a hybrid of freehold tenure and other systems, allowing indigenous landholders with 99-year leases, offer letters, or permits to convert these into bankable, registrable, and transferable documents. This change is expected to attract investment into the agricultural sector while preserving strict government control over land ownership and transfers.
To oversee the operationalisation of these changes, the Land Tenure Implementation Committee has been established. This technical body includes representatives from the Ministries of Lands, Agriculture, Fisheries, Water and Rural Development; Local Government and Public Works; and Justice, Legal and Parliamentary Affairs. The committee will report to a Cabinet oversight team chaired by Defence Minister Oppah Muchinguri-Kashiri.
Legal Adjustments in Progress
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi confirmed that minimal legislative adjustments are required to implement the system. A working party comprising ministerial officials has already begun drafting a roadmap.
“The Chief Secretary [to the Office of the President and Cabinet], Dr Martin Rushwaya, is currently inviting members chosen by His Excellency, President Mnangagwa, to join the technical committee,” Minister Ziyambi told The Sunday Mail.
“This committee will provide recommendations on key aspects, particularly mechanisms to ensure agricultural land is only transferable to qualifying individuals.”
Key Provisions
The proposed system will include measures to regulate land transfers. This will require a certificate issued by the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development to authorise any sale or transfer of land.
Minister Ziyambi stressed the importance of closing loopholes that could allow land to change hands outside the system’s safeguards, such as through company ownership structures.
“Our Constitution and current laws already allow for leases, transfers, and title deeds. What we need are tighter provisions to prevent unregulated transactions. No one should transfer land to someone who does not qualify,” he said.
The amendments will also prohibit foreigners from acquiring agricultural land, a measure aimed at preventing external control of the sector.
“We must ensure that land remains in the hands of indigenous Zimbabweans,” Minister Ziyambi said.
Stakeholder Engagement
Ahead of the reforms, the government will consult with key stakeholders, including farmers, traditional leaders, financial institutions, and legal experts. These discussions will inform the development of policies defining ownership criteria, transferability, and restrictions on foreign ownership.
The proposed amendments will then be taken to Parliament for enactment into law, providing a legal foundation for the new tenure system.
Ensuring Sovereignty
Minister Ziyambi emphasised that the changes are crucial for preserving the integrity of the Land Reform Programme and preventing its reversal.
“This is about protecting our sovereignty and ensuring the gains from the Land Reform Programme are not undermined. We aim to create a tenure system that balances investment attraction with national interests,” he said.
The reforms are seen as a pivotal step in addressing historical inequalities while aligning landownership policies with Zimbabwe’s economic and social development goals.