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Open"Zimbabwe Government’s Newly Issued 'Title deeds' Unbankable And Worthless"
Statement by Ben Freeth, Spokesperson for SADC Tribunal Rights Watch, Zimbabwe, regarding the Zimbabwean government’s issuance of title deeds to holders of land expropriated from white commercial farmers:
SADC Tribunal Rights Watch is concerned about the Zimbabwe government’s current plans, overseen by the highly controversial and US-sanctioned businessman, Kudakwashe Tagwirei, to issue “title deeds” for farms that already have legally issued title deeds owned by former white commercial farmers, small holders, members of the Zimbabwe People’s Revolutionary Army (ZIPRA) whose properties were seized, and others.
These title deed owners have not been compensated for their land, despite having final and binding court judgments which confirm that such original title deeds are still bona fide.
At an event on President Mnangagwa’s Precabe farm near Kwekwe on Friday 20 December 2024, a handful of farmers, including Mnangagwa, received “title deeds” to the farms they are currently on.”
Such deeds fly in the face of international law and the Southern African Development Community’s SADC Treaty of 1992.
The final and binding judgement of the Southern African Development Community’s SADC Tribunal in the Campbell case, will render these new “title deeds” unbankable and, in the final analysis, worthless unless there is first a full and fair settlement with the owners of the original title deeds.
In 2008, the tribunal found for a group of Zimbabwean farmers on the basis that they were deprived of their land without the right of access to the courts and the right to a fair hearing, both of which are essential human rights.
In this way, the tribunal held that the Zimbabwe government breached the provisions in the SADC Treaty: Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe (28 November 2008).
As is the case with the various and numerous attempts to issue new currencies in the Zimbabwean economy — there have been six attempts in 15 years to replace the US dollar as the primary currency — these new “title deeds” will become worthless.
We fully support any initiative to issue bona fide title deeds on farms that have been authentically bought by the Zimbabwe Government and in communal areas where Zimbabweans have never enjoyed the benefits that freehold title deeds accrue to their owners.
We applaud governments like the Rwandan government and others for their bold move to issue many millions of bona fide freehold title deeds to their people and thereby emancipate those people, creating wealth for them and the country from “thin air”.
We are convinced that this, along with the firm establishment of the rule of law, is the fundamental game changer which will allow Africa to overcome poverty.
As the president of the African Development Bank, Dr Akinwumi Adesina pointed out in November 2023, “Our governments must realise their responsibility to lift people out of poverty and into wealth as quickly as possible.”
The current move by the Zimbabwe government to issue what have been described by some as “counterfeit title” will only create more confusion and stagnation in the agricultural economy and in Zimbabwe generally.
The Zimbabwe Government needs to return to the rule of law, re-establish justice systems, obey final and binding judgments such as the Campbell judgement in SADC Tribunal, and allow its people the freedom to develop by ensuring freehold title deeds are fully bankable and transferable to all Zimbabweans, irrespective of their political allegiance, tribe or race.
If this is done, the economy will grow exponentially in a dramatic and exciting way and investment will pour into the land of Zimbabwe, securing our status as a great African success story.
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