In the years succeeding the land reform program, the country has been grappling with the problem of land barons, some of who have become sophisticated in their modus operandi to the extent of forming syndicates with lawyers, rogue civil servants from the lands ministry, deeds office and corrupt politicians.
The cumulative effect has been unsustainable haphazard settlements, with lives being lost in some cases as people are settled on flood prone wetlands and unserviced areas. Something had to give at some point as the scourge had bolted out of control to the detriment of the state, citizens and sustainable land use.
This brings me to the current operation against land barons. There has been an outcry on social media, with some condemning cracking of the whip against propagators of the land baronry vice. Whilst it is understandable for victims to cry foul, the noise has been fuelled by misinformation and disinformation spread through social media.The state has a responsibility to everyone including victims of the current operation and I know appropriate measures will be taken to protect innocent victims of land barons but sanity has to prevail and victims of circumstances are unavoidable.
What is clear however is this operation was long overdue.Recently there has been a rapid increase in illegal settlements on agricultural land and pastures across rural and urban areas, which actually came to light because of the disasters and floods that happened in other places in Zimbabwe, mostly unserviced areas and the advent of cholera.
It is unfortunate that traditional leaders, for long the custodians of our land, have been dragged into illegal selling of land to unsuspecting citizens. With the expansion of towns, land barons saw an opportunity to strike, enticed some traditional leaders to ‘sell their land rather than lose it to compulsory acquisition for urban expansion’. Greed took centre stage and chiefs and village heads have been found wanting as accomplices of land barons in the current operation.
Whilst traditional leaders are accepted as custodians of the land, my understanding is they are not allowed to give or sell land un-procedurally.If there is unoccupied land suitable for settlement, and an individual approaches a traditional leader, it is incumbent upon the leader to give the would be beneficiary a letter they will take to the Ministry of lands who will process the application and allocate it officially. The process should not end with the transaction between the Headman or Chief and the land seeker.
Because some of these people are not acquainted to proper land use plans , sidelining responsible authorities has bred disorderly settlement of people on land without due process that determines land use, resulting in people settling for residential purposes on land that is meant for recreational purposes, commercial centres , farming and pastures in the case of rural land.
According to the Land Commission Act, it is a criminal offence in terms of the Gazetted Lands (Consequential Provisions) Act to occupy State land without lawful authority in the form of a permit, an offer letter or a lease. The law does not forgive ignorance and when it’s applied it cannot be a defence that one did not know the provisions of laws that govern land use.
It is a criminal offence, in terms of the Zimbabwe Land Commission Act (Chapter 20;29) and the Gazetted Lands (Consequential Provisions) Act (Chapter 20;28), to occupy State land without lawful authority in the form of a permit, an offer letter or lease.Members of the public are warned to always do due diligence and be wary of opportunists out to milk them of their hard earned money through bogus land deals.
Whilst I do sympathise with the people who are going to be affected, the current situation could not be allowed to go on unabated.Proper land use and planning must be the order of the day if we are to develop as country.
The government also has a humane and legal responsibility to protect it’s people from crooks, that is why l urge authorities to differentiate land invaders from desperate home seekers who have been duped in search of land to settle. The latter are not criminals but victims that should be cushioned against the impact of the current process.
It is noteworthy that land barons have taken advantage of an existing need amongst Zimbabweans for land to settle and build their homes.That desperate need has been exploited by criminals, Government has been slow to react to this problem hence it has grown exponentially to uncontrollable levels.Going forward , state actors must be proactive, react to the needs of the people, plug information gaps before malcontents and opportunists take advantage and exploit a genuine need.Corruption in land allocation must never be tolerated and officials caught on the wrong side must be weeded out to protect innocent citizens. The rot has to stop and it is my hope the operation will birth a lasting solution that responds to the desires and aspirations of the citizenry, and bury the challenge of land barons once and for all.