Real Estate Safety in Zimbabwe: Communal Land 101 (Lawful Procedure of Its Allocation and Use):

“There has been an unprecedented illegal occupation of…communal land by illegal settlers. Occupation and development of communal land can only take place where there is a communal land permit issued by (a Rural District) Council in consultation with traditional leadership…”

“Below is the procedure for allocation of communal land.”

“1) All prospective settlers foreign to the village in question are required to obtain a clearance letter from their village heads of origin, or an inter-district transfer [letter] from their district of origin.”

“2) Original villagers are required ?to approach the village head with their requests, and other prospective settlers (are to) also approach the village head of the area to be settled, who after inspecting the inter-district transfer[letter] and[or] clearance [letter] from former village head, calls for a village assembly.”

“3) The minutes of the village assembly together with an attendance register of the people present are submitted to (the Rural District) Council accompanied by a recommendation letter from the local Councillor.”

“4) (the Rural District) Council carries out a verification exercise?with the technical assistance of relevant government departments such as EMA and AGRITEX to ascertain the suitability of the area for human settlement.”

“5) The Executive Committee on Land Management considers the verification report and submits it to the Agriculture and Natural Resources Committee for discussion and recommendation, then the matter is taken to full council for ratification.”

“6) If the application is successful, the area is pegged?by (the Rural District) Council with the technical assistance of relevant government departments such as EMA and AGRITEX in the presence of the VIDCO (that is, Village Development Committees, consult section 17 of the Traditional Leaders Act [Chapter 29:17]).”

“7) The stands are pegged by (the Rural District) Council, and a site plan is produced?indicating the measurements of the area and its relationship to the surrounding areas. The standard size of a homestead is 50m by 50m (2500 square meters).”

“8) (The Rural District) Council then drafts a communal land permit?which is duly signed by the Chief Executive Officer with conditions on how the land is to be developed and occupied.”

“9) The communal land permit does not confer title for the land and does not allow the holder to [sell] the land, as it will remain state land.”

“10) Armed with the communal land permit, a prospective settler is then allowed to occupy the land and start construction of their home.”

“...PLEASE SAY NO TO LAND BARONS!!!”(Source:?A press release courtesy of Manyame Rural District Council, which appeared in page 9 of a supplement of the Thursday, July 25th?, 2024 edition of the Herald, titled, “Agriculture Journal: Issue no. 23, August 2024; brackets, bold, italics and ellipses are those of this compiler)

Appendage/Commentary:

- The above well-crafted statement, courtesy of Manyame Rural District Council, is a masterful distillation of Part VI (namely sections 23 to 28) of the Traditional Leaders Act (Chapter 29:17), which deals with the, “Issue of village registration certificates and settlement permits and occupation of communal land.”

- Subsection 1 of section 26 of the Traditional Leaders Act (Chapter 29:17)?states, “No land shall be allocated in terms of this Act except with the approval of the appropriate rural district council, which shall be the administrative authority with overall control over the use and allocation of all Communal Land.” ?In short, to be on the right side of the fence when it comes to the laws governing communal land in Zimbabwe, the first and final port of call is reporting to and maintaining close contact with the respective rural district council (RDC)assigned with administrative oversight over the land in question. As of July 2024, there are 60 rural district councils dotted throughout Zimbabwe’s 64 districts. To ascertain the location of the relevant rural district council duly assigned with oversight over the communal land one may be desirous of being allocated, it is not a bad idea to consult the Association of Rural District Councils of Zimbabwe (ARDCZ), whose offices are situated at:

Local Government House,

86 Selous Avenue,

Harare.

Their web address is: https://ardcz.org.zw/about-us/

- Subsection 2 of section 26 of the Traditional Leaders Act (Chapter 29:17)?states, “The allocation of Communal Land in terms of this Act shall be carried out in accordance with the Communal Land Act [Chapter 20:04]?and in such manner as prescribed.” In short, if one desires to be au fait with all pertinent legal nitty-gritties concerning communal land in Zimbabwe, they are counseled to familiarize themselves with the Traditional Leaders Act (Chapter 29:17), as well as ?the Communal Land Act (Chapter 20:04).

- As always, your truly (that is, “Your realtor of choice.” Otherwise known as, “Your friendly neighborhood realtor.”) is at hand to assist with serious and productive concerns pertaining to real estate in Zimbabwe.

Good-speed.

Tatenda Kangwende?is proud and honored to be both, “Your friendly neighborhood realtor.” As well as, “Your realtor of choice.” For serious and productive business pertaining to real estate in Zimbabwe, please contact him via:

Email: [email protected]

Mobile (SMS, GSM, calls, WhatsApp):?+263 714 729 043