MINISTRY OF LANDS, AGRICULTURE, FISHERIES, WATER AND RURAL DEVELOPMENT

• Constitution of Zimbabwe Amendment (No. 20) Act, 2013

• Act 1 of 2013

• Acquisition of Farm Equipment or Material Act (Chapter 18:23)

• Valuers Act (Chapter 27:18)

• Land Acquisition Act (Chapter 20:10)

• -Section 20 & 21 of the Land Acquisition Act of 1992 (Chapter 20:10), guides on the valuation of land other than specially gazetted land.

• -Schedule (Section 29C & 50) of the Land Acquisition Act of 1992 (Chapter 20:10), guides on the valuation of specifically gazetted land and equipment.

1. Land

2. Improvements (Immoveable infrastructure and Biological Assets)

3. Equipment or Materials

Guiding legal framework for compensation

Constitution of Zimbabwe

Section 72– Agricultural Land rights

Paragraph 3 – compensation for improvements only

Paragraph 7- Former Colonial Power UK has obligation to compensate for land.

Section 295– Compensation

Indigenous Zimbabwean- compensate for land and improvements

BIPPA- Compensate for land and improvements

Any other person- compensate for improvements only.

Compensation payable is assessed and paid in terms of Land Acquisition Act (Chapter20:10).

Land Acquisition Act Chapter (20:10)

Compensation is assessed and paid in terms of this Act

There is a compensation schedule within the Act which gives guidelines on issues to be taken into account during valuation assessments.

Acquisition of Agricultural Equipment or Materials Act [Chapter (18:23)]

Gives guidelines on acquisition and compensation of farm equipment and material

Land Commission (GAZETTED LAND) (DISPOSAL IN LIEU OF COMPENSATION) REGULATIONS, 2020- S.I. 62 OF 2020

Purpose

To make possible disposal of land to qualifying persons, who are, in terms of section 295 of the Constitution, entitled to compensation of previously acquired agricultural land.

Qualification

These regulations apply to the following persons who owned land which was compulsorily acquired under the Land Reform and Resettlement Programme. The former owners are holders of Deed of Grant or Title Deed, or had completed purchase of their farms from the State in terms of a lease with an option to purchase.

Indigenous individual persons – or where such persons are deceased, their legally recognized heirs

Individuals who were citizens of a BIPPA or BIT country at the time their investments in agricultural land were compulsorily acquired– or where such persons are deceased, their legally recognized heirs

Partnerships, if the partners were indigenous or citizens of BIPPA or BIT country

Private companies whose shareholding is wholly or predominantly owned by indigenous or citizens of BIPPA or BIT country

Individuals (indigenous or not) who had completed the purchase of a farm from the State in terms of a lease with option to purchase; or, before obtaining title thereto from the State, the individual had sold the farm to an indigenous individual in the expectation that title deed or deed of grant will be granted.

The committee

Is appointed by Minister as provided for under these regulations

Should be gender balanced

Chaired by Director Lands Management and Administration and deputized by Director Legal Services, other members are appointed by the Minister on ad hoc basis.

Processes and procedures

Qualifying individuals apply to the Minister who will refer such applications to a committee specifically established to consider those applications.

Documents to be submitted with the application

Copy of deed of Grant or Title Deed or Lease with an option to Purchase (with proof that the purchase price was fully paid at date of gazette)

Identity documents of owner(s), or death certificate of the late owner(s) and identity documents of heirs, or passports in case of citizen from BIPPA or BIT country (showing that the applicant was a citizen at acquisition and at time of application)

A copy of relevant BIPPA – for citizens from BIPPA or BIT country

If farm is owned by a partnership, proof satisfactory to the Committee that the partners met the criteria for qualification at time of gazette

In case where the farm was purchased from persons who had completed the purchase of their farm from the State in terms of lease with option to purchase; and they had purchased the land in question prior to gazetting; with the expectation that a title deed or a deed of grant will be granted to them, proof thereof should be provided to the satisfaction of the Committee

In case of applicant claiming title to the farm held by a private company, proof satisfactory to the Committee that the applicant wholly or predominantly owned the company at the time the farm was acquired (proof from Registrar of Companies)

 Further documents that may be requested

If Director Lands Management and Administration or the Legal Advisor deems it fit, more documents may be requested which include but not limited to:

Agreement of Sale relating to the farm before it was acquired

Certificate of No Present Interest or an affidavit executed in terms of Land Acquisition (Right of First Refusal for Rural Land) Regulations 1999

Any record showing proof of payment for the farm before it was acquired by the State

An affidavit from the applicant deposing to such facts as the Director of Lands/Legal Advisor may require

Consideration of applications by the committee

These regulations do not confer a right or legitimate expectation to obtain title to any piece of acquired agricultural land upon persons who may otherwise qualify to obtain such title.

The Committee shall consider the following in assessing the applications:

Whether the farm in question is wholly or partially occupied by A1 permit holder or holders of 99-Year leases,

Whether the applicant in question is in occupation of the farm or part of it,

Whether (on basis of previous policy directives issued by the Minister that are known to the Committee) granting the application would be contrary to the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest,

Whether the State on its own discretion, prefers to pay compensation in respect of the acquired agricultural land in question.

Procedure after consideration of application

If the applicant qualifies to obtain title in part or in full, the Committee shall make the appropriate recommendation to the Minister

If the applicant does not qualify to obtain title in part or in full, the Committee shall inform the applicant in writing accordingly and give him or her reasons why he or she does not qualify.

In considering Committee Recommendations, the Minister shall invite the Zimbabwe Land Commission to make representations within a period of less than 7 days or as specified by the Minister.

The Minister may reject any application on the basis that it would be contrary to the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest.

The Minister shall notify every applicant in writing of the outcome of his or her application and, where the application is rejected, the reasons for the rejection.

The Minister’s decision upon an application shall be final.

If the Minister accepts a recommendation to alienate any piece of acquired land, the Minister shall direct the Director of Lands or Legal Advisor to inform the applicant in writing accordingly.

The Minister shall ensure that a person whose application has been successful receives transfer of the land in question under individual registered title. Under the current policy only 99-Year Leases will be issued. The Minister may allow a successful applicant (former owner or heir) to dispose their leasehold interest, in full or in part, to a third party by way of a Certificate of No Present Interest issued for that specific purpose.

Effect of alienation

Alienation of a piece of acquired land comprising a farm to a qualifying applicant in terms of these regulations shall be final settlement of any claims that the applicant may have from the State in respect of compensation

If alienation is in part, then it shall be a final settlement of any claim for compensation to the extent that the application is successful