The Controversy Surrounding Zimbabwe’s Communal Lands Act
In Zimbabwe, the Communal Lands Act [Chapter 20:04] has become a focal point of contention due to its implications on the rights of communal settlers. The Act, which vests communal land in the President, is seen as a legacy of colonial legal frameworks that dispossessed Africans of their land. Critics argue that Section 4 of the Act contradicts Section 71 of the Constitution of Zimbabwe Amendment (No. 20) of 2013, which safeguards property rights.
The Act’s Section 6(1)(b) grants the President the authority to declare any land within communal areas as State land, effectively extinguishing communal land rights. This has raised concerns over the lack of community involvement in decisions that directly affect their livelihoods and the management of resources. The absence of community participation in these processes has led to policies that may not align with the needs and aspirations of the local population.
Furthermore, the Act has been criticized for not recognizing traditional and indigenous knowledge systems, which are integral to the cultural and social fabric of the communities. This oversight can lead to the marginalization of indigenous groups and the erosion of customs and traditions.
The United Nations International Covenant on Economic, Social, and Political Rights, to which Zimbabwe is a signatory, recognizes the right to an adequate standard of living, including food and housing. The Communal Lands Act, by potentially rendering families homeless and landless, is seen as violating this right and the inherent right to human dignity. Sections 4, 6(1)(b), and 10(1)(b) of the Communal Land Act violate the right to human dignity as stated below:
Deprivation of Human Dignity
Cumulatively, displacements resulting from the Act deprive communities of their right to human dignity. By forcibly uprooting families and disrupting their ancestral ties to the land, the Act devalues their intrinsic worth as human beings.
The anguish, grief, and excruciating pain experienced by community members as they imagine the graves and burial sites of their deceased parents, family members, and ancestors being razed or excavated for other purposes further exacerbate this loss of dignity.
Jeopardizing Basic Necessities
The Act jeopardizes the community’s ability to meet the bare necessities of life. These necessities include food, nutrition, clothing, shelter, and water.
Families rendered homeless and landless face immediate challenges in securing these essentials. Displacement disrupts livelihoods, access to resources, and social support networks.
Right to Life and Necessities
Contrary to Section 48 of the Constitution, the Act undermines the right to life with necessities. Adequate housing, nutrition, clothing, water, and shelter are fundamental to human well-being.
The Act’s impact on these necessities directly affects the quality of life for affected communities.
Inadequate Security for Land Tenure
The Act fails to provide sufficient security for land tenure. Residents living on communal land are left vulnerable to displacement or uncertainty regarding their land rights.
Without clear and protected tenure, communities face the constant threat of eviction, undermining stability and long-term planning.
Uncompensated Expropriation
The uncompensated taking-over of communal land without notice and consent amounts to compulsory acquisition.
This practice violates Section 71 of the Constitution and Sections 3, 5, 6, 7, and 25 of the Lands Acquisition Act, which emphasize fair compensation and due process.
Advocacy for Reform
Stakeholders, including civil society organizations, legal experts, and affected communities, should advocate for amendments to the Act.
These amendments should:
- Incorporate more inclusive and participatory approaches to decision-making regarding communal land.
- Strengthen land tenure protections to safeguard residents’ rights.
- Recognize and integrate indigenous practices and knowledge systems.
- Foster open dialogues with affected communities to understand their specific needs and aspirations.
Capacity Building:
- Effective capacity-building initiatives are essential for local authorities, community leaders, and other stakeholders.
- Training and education on communal land management can empower these actors to make informed decisions and improve access to land for all citizens.
In summary, addressing the flaws in the Communal Lands Act requires a multifaceted approach—one that respects human dignity, protects rights, and ensures sustainable land use for Zimbabwe’s communities. Advocacy, dialogue, and informed policy reforms are critical steps toward achieving these goals.
