by Grace Chekai
Government has clarified the recently gazetted Statutory Instrument (S.I) 62/20 following an uproar by the public that the Land Reform Programme was being reversed by Government.
Speaking at a press conference in Harare today, Minister of Lands, Agriculture and Rural Resettlement Honourable Perrence Shiri said, “In light of the recent comments on the above stated Statutory Instrument, I have found it necessary to clarify Government position on the effect of the instrument.
"I wish to reiterate and emphasise for all and sundry that the Land Reform Program is final and irreversible. Any sentiments to the contrary are false and are to be disregarded with the contempt they deserve,” said the Minister.
Minister Shiri further explained what led to the development of the S.I unit.
“The development of the Statutory Instrument in question was guided by the following Constitutional provisions:
"Section 72, which provides for the rights to agricultural land and the vesting of all agricultural land in the State. Section 289 which provides the guiding policy on agricultural land in State.
"Section 293 provides for the alienation of land by the State including the alienation for value, transfer of ownership and lease of agricultural land.
"Section 295 provides for the compensation of indigenous Zimbabweans whose agricultural land was acquired and persons whose agricultural land was protected by a Government to Government agreement at the time of acquisition," said Minister Shiri
He emphasised that the regulations were gazetted in terms of Section 21 as read with Section 17 of the Land Commission Act [Chapter 20:29].
Minister Shiri said that there are only two categories of people who have the right for compensation that is the indigenous individuals who had their land acquired during the Land Reform Program and those farmers who were on Government to Government agreement.
"As we are all aware, there are a number of farms belonging to indigenous individuals that were acquired under the Land Reform Program. By indigenous individuals, we are making reference to people of native Zimbabwean origin who were previously marginalised before 1980 and had acquired land either through direct purchase or through Government Commercial Farm Schemes before the advent of the Land Reform Programme.
These are entitled to full compensation for land and improvements as stated in Section 295 (1) of the Constitution.
"The same section in Sub-section 2 also provides for the full compensation of persons whose agricultural land was acquired yet it was protected by a Government to Government agreement (Bilateral Investment Protection Agreement (BIPA)),” said the Minister.
Minister Shiri said that it is thus false to say that there is an intention to return land to previous white commercial farmers and reverse the gains of land reform.
He said that a committee will be put in place to deal with all applications for compensation.
In 2000 Zimbabwe went on a fast track Land Reform Program which was aimed at redistributing Land to the poor and middle income landless black Zimbabweans, this resulted in some Indigenous individuals and those under the Government to Government agreement also losing their farms.
Government is now calling for those two categories of people to re-apply and have their land compensated.
