FORMER Finance minister and legal expert Tendai Biti has trashed government’s plan to issue title deeds to farm owners calling it a reversal of the land reform programme.
The government is ploughing ahead with plans to issue title deeds, arguing that the move is aimed at promoting economic growth, food security and social stability.
In a statement this week, Agriculture, Lands, Water, Fisheries and Rural Development ministry permanent secretary Obert Jiri said the title deed programme was a significant step towards securing land ownership for farmers.
But Biti, the former Citizens Coalition for Change vice-president, said the title deeds were null and void as they were cancelled when the government gazetted and acquired the land.
“All title deeds on agricultural land were cancelled. So (President Emmerson) Mnangagwa cannot give away as he was purported to do on December 3 title deeds on former white man’s land, on agricultural land, because those title deeds do not exist at all. This man always makes legal blunders, consistently,” he said during an online programme at the weekend.
“So, Mr Mnangagwa is reversing the land reform programme. What will happen is that in 10 years’ time, cartels will be owning this land. In 50 years’ time, we are back to square zero.
“We now have another land fight, this time against the cartels, black cartels. The same cartels you see in fuel, in service stations, will now be owning the land.”
In a statement published in the State media, Jiri said the new title would give landowners the option to secure financing for their agricultural activities.
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“The title will potentially allow capital markets to improve their participation in agricultural value chains. Third, the title will allow for official farm subdivisions to cater for family inheritance.
“Fourth, the title will create a new land market, creating opportunities for land transfers to qualifying Zimbabweans.
“Fifth, the title provides an exit strategy for farmers who opt out of farming and will recover their investment. These options are not fully addressed by the current lease and permit regime,” he said.
Jiri said with title deeds, farmers would have improved security of tenure, allowing them to make long-term investments in their land without fear of losing it.
He said a citizen of Zimbabwe who holds an offer letter, permit or lease for agricultural purposes was eligible for title deeds.
“A very thorough screening process has been operationalised to weed out non-genuine permits and leases,” Jiri said.
He said the government had made arrangements with financial institutions to offer mortgage for the purchase of agricultural land.
“Once agreed, land owners will receive title deeds, which will be issued against full payment or mortgage with the selected banks. The banks shall be making separate announcements,” Jiri said.
However, citing section 295 subsection 5 of the Constitution, which states that land cannot be alienated without an Act of Parliament, Biti said the title deeds were illegal.
“In other words, Parliament needs to be consulted, Parliament must agree and Parliament must come up with this. Secondly, I notice he has appointed someone to run this programme, a private individual,” he said.
“He also says that this land should only be transferred to indigenous black Zimbabweans. But the Constitution in section 298 says every Zimbabwean regardless of race has the right to own land.
“That is not allowed by the Constitution. The Constitution has created a land commission and the Constitution says anything to do with agricultural land, the land commission must be there. So it’s a potpourri of legal errors.”
