By Chantelle Muzanenhamo
Zimbabwe’s plan to compensate white farmers for land acquisitions has encountered legal challenges from a group of war veterans who argue that the compensation agreement is unconstitutional and cannot be implemented without new legislation.
President Emmerson Mnangagwa announced in 2020 that the government would pay approximately US$3.5 billion to just over 4,000 farmers for improvements made to their land, not the land itself. However, progress has been limited, with only US$3 million paid to 378 farms so far.
Now, five war veterans from the 1970s bush war leading to independence are challenging the agreement in court. Represented by rights lawyer and former finance minister Tendai Biti, they contend that the deal was made secretly and without proper legislative backing.
They are seeking a court declaration that the agreement is unconstitutional and invalid.
In court affidavits, veteran Joseph ‘Ginger’ Chinguwa questioned how the government valued the US$3.5 billion figure. He emphasized the need for transparency regarding what assets such as dams, buildings, or plantations are included as improvements, arguing that assets permanently attached to the land are part of the land and should be valued accordingly.
The veterans also pointed out that assets like fences, tractors, and irrigation equipment should be subject to depreciation.
They argue that Zimbabwe’s constitution requires an act of parliament to authorize such compensation, especially since the agreement was made without one.
Section 295(3) of the constitution states that compensation for land acquired by the state should only cover improvements existing at the time of acquisition. The veterans claim that the government failed to present a comprehensive legislative framework or disclose the details of the agreement, making the deal unconstitutional.
The veterans’ court application has also highlighted concerns about government priorities. They pointed out that while US$3.5 billion is being paid to white farmers, many war veterans and ordinary Zimbabweans face poverty, inadequate healthcare, and lack of educational resources.
The case is still pending, with a hearing date yet to be scheduled.