Fact Check: What about demolitions of illegal settlements? - ZimFact
Ngoni Mhuruyengwe
February 16, 2024
CLAIM: Zimbabwe social media is abuzz with both true and some fake reports of demolitions of illegal settlements by government agencies and local authorities around the country, which has triggered a debate on the legal ownership of Communal land where some of the evictions are taking place.
Is it true that ownership of this land is vested in the State President?
TRUE OR FALSE? – True
Since the beginning of February, Zimbabwe’s social media and WhatsApp platforms have circulated reports of, and threats of demolition of illegally built houses and settlements in peri-urban communities, including Chipinge in Manicaland, Dema and Goromonzi in Mashonaland East, Mushandike and Gutu in Masvingo, where people had acquired stands from traditional leaders.
A widely shared video clip showed Masvingo Provincial Affairs and Devolution Minister Ezra Chadzamira  warning residents illegally settled on communal land, local authority land, peri-urban land, rural service centres or growth point land to vacate immediately, urging people to acquire land through legal procedures.
Section 4 of the Communal Lands Act vests power over Communal land in the President who shall permit it to be occupied and used in accordance with the Act.
While traditional leaders are granted authority, jurisdiction, and control over communal land by section 282 of the Constitution, there are limitations to their power listed in Section 26 of the Traditional Leaders Act regarding the allocation of communal land. The law states that:
The Traditional Leaders Act list the following as duties of leaders with regards to communal land:
A Rural District Council may, with the approval of the Minister, issue a permit authorizing any person or class of persons to occupy and use land subject to the Regional, Town and Country Planning Act and any order issued in terms thereof. This applies to any portion of Communal land to be used for:
According to Section 8 of the Communal Land Act one can occupy communal land for residential and agricultural purposes subject to the terms of the Communal Land Act, the Regional, Town and Country Planning Act with the consent of the rural district council established for the area concerned.
The Rural District Council is required to:
Communal Land Act
National Constitution
Regional, Town and Country Planning Act
Traditional Leaders Act
FEATURED