Constitutional law expert Fadzayi Mahere has said the government cannot issue title deeds for farms that were seized and redistributed during the land reform programme without first amending the constitution, as doing so would be unlawful.
This follows the government’s recent appointment of the Land Tenure Implementation Committee, chaired by Kudakwashe Tagwirei, to convert existing land ownership documents (such as 99-year leases) into bankable, registrable, and transferable titles.
The goal is to enable farmers to use their land as collateral to secure loans from financial institutions.
However, Mahere argued that, at present, no law empowers the state to issue title deeds for agricultural land. She expressed her views on social media:
<blockquote>
At law, there are only 3 methods by which one can hold, use or occupy state land. These are by way of an offer letter, a permit or a lease.
There is no law that empowers the state to give out title deeds for agricultural land. The Gazetted Land (Consequential Provisions) Act says this expressly.
Ownership in state land vests in the State by operation of law in terms of section 72(4) of the Constitution.
All the previously held title deeds for this land were endorsed accordingly. Check the Deeds Office.
How would you purport to undo all that and start issuing new title deeds? There’s no legal mechanism by which such conveyancing can validly take place.
In short, it would be unconstitutional to alienate the land in the manner suggested. You would have to repeal section 72 of the Constitution in its entirety and effectively reverse everything you were trying to do during the Land Reform Program.
You’d have to amend the Constitution to create this imagined security of tenure. Stop lying to yourselves and the public.
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Pindula News

The government cannot give out title deeds for farms without changing the constitution first, says Fadzayi Mahere. They appointed a committee to make existing land documents more valuable. Farmers could use their land as collateral for loans. But Mahere says there is no law to give out title deeds for agricultural land now. This would go against the constitution. They would have to change the Constitution completely to do this. Mahere says the government is not being honest about this.

Government Cannot Issue Title Deeds For Farms Without Constitutional Amendment - Mahere

President Emmerson Mnangagwa on Friday launched the Land Tenure Implementation Programme, a new policy that allows beneficiaries of the land reform programme to sell their land as well as use it as collateral to borrow from banks.
This represents a major change in Zimbabwe’s land policy, as previously resettled farmers were not allowed to transfer ownership.
However, land can only be sold or transferred to “indigenous Zimbabweans” (black Zimbabweans) and will require government approval.
The land reform, which began in 2000 under former President Robert Mugabe, saw tens of thousands of black Zimbabweans take over white-owned farms. 
The reform aimed to correct colonial-era land imbalances, but the new farmers were not allowed to sell or transfer land, which was considered state property.
This made it difficult for them to access bank loans, as they couldn’t use their land as collateral.
At a ceremony on his Pricabe Farm near Kwekwe, Mnangagwa and a few farmers received title deeds for their land.
He said that the new policy would help “unlock the value” of the land, making it both “bankable and transferable.” Said Mnangagwa:
<blockquote>
Land tenure security is critically important to Zimbabwe’s economic growth and development.
It encourages investment, improves agricultural production and productivity, and lifts many out of poverty into prosperity.
… the importance of more secure, bankable and transferable land tenure cannot be overstated. Such a tenure document is the ultimate empowerment tool for our farmers, especially war veterans and their children.
The title deed, which my Government has developed for issuance to farmers, will preserve security and spur investment for accelerated livelihoods’ upliftment and economic development.
My administration has, therefore, made a bold decision to empower the beneficiaries of the Land Reform Programme by giving them tenure that will unlock the value of our land, allowing it to be used as collateral.
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Mnangagwa also announced a Land Tenure Technical Committee chaired by controversial businessman, Kudakwashe Tagwirei, to spearhead the process for other resettled black farmers.
Posting on X, former Harare East MP, Norman “Rusty” Markham, said:
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For the avoidance of doubt and the sake of clarity, KUDA in charge of the land tenure committee follows after abusing ZESA to a standstill from the Dema project, Kuvimba and MUTAPA shenanigans now controlled, now only the land left.
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More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwe's President Mnangagwa has a new policy where land reform beneficiaries can now sell or use land as collateral. In the past, they couldn't transfer ownership. Only black Zimbabweans can buy the land and government must approve. This helps farmers access bank loans. Mnangagwa says this will make the land more valuable and boost the economy. A committee will help other farmers get land titles. Some people are worried about who is leading the committee. The new policy aims to help farmers and boost the country's economy.

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