High Court Against Sale Rural Land
High Court has declared that Rural District Councils lack the authority to sell communal land, nullifying a controversial sale between the Buhera Rural District Council and Munda Family Trust. This decision comes amid ongoing warnings from the government to village heads regarding the unauthorized allocation and sale of State land in peri-urban areas.
The case centered around a 40-hectare plot in Madzivanyika Village, which serves as homesteads for over 35 families and includes grazing lands and communal fields. The land was sold to Munda Family Trust for the construction of a boarding school, with plans to evict the resident families underway.
Justice Webster Chinamora, presiding over the case, ruled that the sale was illegal and nullified the agreement made on March 23, 2020. He stated, “The agreement of sale of 40 hectares of communal land… is hereby declared illegal and is accordingly cancelled.” The court further ordered the Munda Family Trust and its representative, Mr. Pomerai Munda, not to evict any villagers residing on the land.
The villagers contended that communal land is vested in the President of Zimbabwe, and that the council’s actions violated the Communal Land Act, the Rural District Councils Act, and the Traditional Leaders Act. They argued that the council could only issue permits for land use with prior approval from the Minister, a process that had not been followed in this case.
Justice Chinamora emphasized that communal land cannot be sold and reiterated that any alienation must comply with legal requirements, including obtaining necessary ministerial approvals. He pointed out that no Statutory Instrument was published for the disposal of the land, rendering the sale unlawful.
While the Munda Trust and the local authority claimed the land was vacant and situated in Gandiwa Village, the court found that it was indeed in Madzivanyika Village, with active use by the community.
This ruling is a significant affirmation of communal land rights and reinforces legal protections against unauthorized land sales by local authorities. The decision is expected to have far-reaching implications for similar cases across the country, as it underscores the importance of adhering to established laws governing communal land use and allocation.
