*The Land Question*
In Zimbabwe today, there is a dangerous confusion happening in our communal and peri-urban areas. Two very different land problems are being lumped together under one name, and ordinary people are paying the price.
On one side we have bureaucrats who are corruptly allocating land to land barons without following the law. On the other side we have communities who are simply following a centuries-old customary process with their traditional leaders. The state is calling both of them “illegal Sabhuku Deals.” That is not only unfair. It is also making the real problem worse.
*Communal land *
First, we must be clear on the law and custom.
Communal land belongs to the local people. It is not state land, and it is not privately owned by chiefs. Government can only take communal land through proper procedures set out in the Rural Land Act and the Expropriation Act of 1975. People who are displaced must be given alternative land or monetary compensation.
Traditional leaders: chiefs, headmen, and sabhukus, are custodians of communal land. They do not own it. They administer land matters on behalf of their communities.
This is how the system has worked for generations:
1. If a person wants to give, sell or dispose of his piece of land, he advises the local traditional leadership.
2. Ceremonial and traditional rites are observed. A token fee, a goat, or even a chicken is given to the traditional leaders to accept and confirm the transfer of ownership.
3. The traditional leaders then forward the new land occupant’s name to the Rural District Council.
4. The new occupant pays poll tax annually through the local traditional leaders.
That is a legitimate process. It combines custom with statutory record-keeping. It has kept order in our communities for decades.
*2. Where the confusion starts: Land Barons vs Sabhuku Deals*
The problem today is that bureaucrats are short-circuiting the system, and then blaming traditional leaders for it.
There are two different shortcuts happening:
*1. The "Sabhuku Deal" narrative*
Government officials are labeling any customary transfer as an “illegal Sabhuku Deal.” But a true customary transfer is not illegal. It only becomes a problem when the sabhuku collects money and allocates a stand without ever sending the name to the RDC for approval. That is wrong, and traditional leaders themselves must be trained to avoid it.
*2. The Land Baron deals by bureaucrats*
This is the bigger threat. Some bureaucrats are corruptly granting communal and peri-urban land to land barons without going through the Rural Land Act or Expropriation Act procedures. No gazetting. No consultation with RDC. No compensation. They bypass the law entirely, then when settlements grow, they call it a “Sabhuku problem” and order demolitions.
Conflating these two is what creates the mess. One is a failure to complete paperwork. The other is outright corruption.
* Peri-urban areas are not automatically state land*
Another big misunderstanding: proximity to an urban area does not automatically make communal land state land.
Areas around Murambinda, Birchenough, Watsomba and many growth points are still communal land until they are formally gazetted as part of the Growth Points. The Rural District Council is still supposed to plan and approve. But because planning capacity is weak, people build first and approval comes later, if at all. Demolishing houses is not a solution. Training is.
*The way forward: Training, not demolition*
Instead of carrying out demolitions in communal areas, government should invest in training local authorities and traditional leaders on the proper procedure to follow.
We need three things:
1. *Joint training for RDCs and traditional leaders.*
Clarify who does what. The RDC gives the legal right to occupy. The chief ensures it follows custom. They must consult and co-operate.
2. *Fast, transparent documentation.*
Make it easy for a customary transfer to be recorded at the RDC within 30 days. If the process is slow, people will find shortcuts.
3. *Accountability for officials.*
There must be clear penalties for bureaucrats and land barons who allocate land outside the law.
When you cut out corruption at the top, you also cut the space that land barons operate in. And you protect communities who are just trying to follow custom.
*Bottom line*
Calling every customary transfer a “Sabhuku Deal” while ignoring corrupt allocations by bureaucrats is dishonest.
The traditional system works. What is broken is the failure to respect it and to follow the law.
If we want order in our land sector, let’s stop criminalizing our culture. Let’s train our institutions, enforce the law equally, and protect communal land for the people it belongs to.
Ndini ndadaro mwana waSoroguru.... Musikavanhu vakabva Mapungubwe kunovaka Dzimbahwe!!!
This blog is work-in-progress and l am still researching on the relevant regulations and communal and traditional knowledge on land.
I welcome your comments on this issue
--
No comments:
Post a Comment