BULAWAYO
–
In
a
landmark
judgement
with
far-reaching
consequences
for
property
rights
and
urban
development,
Zimbabwe’s
Constitutional
Court
has
ruled
that
the
state
cannot
compulsorily
acquire
peri-urban
land
under
its
land
reform
programme
without
compensating
landowners.
The
decision,
delivered
in
Fletcher
v
Minister
of
Lands
&
Others
(CCZ
14/25),
draws
a
firm
legal
boundary
around
what
the
controversial
land
reform
laws
can
and
cannot
do
—
and,
crucially,
reaffirms
the
jurisdiction
of
courts
to
adjudicate
such
disputes.
At
the
heart
of
the
case
was
a
long-running
battle
between
landowner
Alistair
Michael
Fletcher
and
the
ministry
of
lands,
stemming
from
the
government’s
attempt
to
acquire
his
titled
land
on
the
outskirts
of
Bulawayo
near
the
Joshua
Mqabuko
Nkomo
International
Airport.
The
land
—
Umguza
Agricultural
Lots
in
the
Umvutcha
and
Reigate
area
—
had
been
incorporated
into
the
Bulawayo
City
Council
through
a
presidential
proclamation
in
1999
(Statutory
Instrument
212
of
1999),
effectively
converting
it
into
urban
land.
Despite
this
designation,
the
state
sought
to
treat
the
property
as
agricultural
land
subject
to
acquisition
under
Section
16B
of
the
former
constitution,
a
key
legal
instrument
of
the
Fast
Track
Land
Reform
Programme,
and
later
under
Section
72
of
the
new
constitution
adopted
in
2013.
The
ministry
endorsed
restrictive
caveats
on
the
land
title
and
asserted
that
it
had
become
state
land,
stripping
Fletcher
of
ownership.
Fletcher
challenged
the
state’s
actions
as
unconstitutional,
arguing
that
urban
land
does
not
fall
under
the
purview
of
agricultural
land
reforms.
He
also
contended
that
the
caveats
on
his
title
deed
—
intended
to
prevent
transfer
or
development
—
violated
his
property
rights
under
Section
71
of
the
constitution.
The
matter
was
initially
dismissed
by
the
Supreme
Court,
which
agreed
with
the
lands
ministry’s
position
that
the
land
was
gazetted
and
now
vested
in
the
state,
and
that
courts
had
no
jurisdiction
to
entertain
challenges
against
such
acquisition.
The
Constitutional
Court
took
a
different
view.
In
its
decision
handed
down
on
July
29,
2025,
the
Constitutional
Court
reversed
the
Supreme
Court’s
ruling,
unequivocally
stating
that
the
state
cannot
acquire
urban
or
peri-urban
land
under
the
guise
of
agricultural
land
reform.
The
court
emphasised
that
such
acquisitions
are
not
protected
by
constitutional
provisions
that
oust
court
jurisdiction
for
agricultural
land
reform,
and
therefore
remain
subject
to
judicial
scrutiny.
“Section
16B
applies
only
to
agricultural
land
and
cannot
be
extended
to
cover
urban
or
peri-urban
land,”
wrote
Justice
Benjamin
Hlatshwayo,
delivering
the
judgment
of
the
Court.
“The
inclusion
of
Fletcher’s
land
into
the
Bulawayo
City
boundaries
through
S.I.
212
of
1999
placed
it
outside
the
scope
of
land
targeted
for
resettlement
or
agricultural
reform.”
Restoring
the
Role
of
the
Courts
The
ruling
goes
beyond
a
mere
technical
interpretation
of
land
categories.
It
reinforces
a
fundamental
legal
principle:
the
right
of
citizens
to
challenge
government
actions
before
a
court
of
law.
The
court
held
that
the
blanket
immunity
granted
to
land
acquisitions
under
Section
16B,
and
later
Section
72,
applies
strictly
to
properly
classified
agricultural
land
—
and
that
any
acquisition
outside
of
that
must
still
comply
with
due
process
and
the
constitution.
This
includes
not
only
adherence
to
lawful
acquisition
procedures,
but
also
the
payment
of
fair
compensation
where
land
is
taken.
In
strongly
worded
remarks,
the
Court
criticised
the
previous
handling
of
the
matter,
particularly
the
dismissal
of
Fletcher’s
right
to
challenge
the
caveats.
It
reaffirmed
the
High
Court’s
jurisdiction
in
disputes
involving
land
incorrectly
treated
as
state-acquired
land
under
the
Land
Reform
Programme.
“By
omitting
urban
land,
the
law
presumes
that
this
was
an
intentional
exclusion,”
the
Court
stated.
“Courts
retain
full
authority
to
hear
and
determine
disputes
involving
urban
land
acquisition.”
Significance
for
Landowners
and
Developers
The
ruling
is
widely
regarded
as
a
victory
for
private
landowners,
especially
those
on
the
urban
fringe
who
have
increasingly
faced
pressure
from
authorities
claiming
state
interest
in
their
land
under
the
pretext
of
land
reform.
With
cities
like
Harare,
Bulawayo,
and
Mutare
expanding
rapidly,
peri-urban
land
has
become
a
flashpoint
in
the
tension
between
urbanisation
and
land
redistribution.
Legal
experts
say
this
judgement
restores
confidence
in
the
legal
protections
available
to
urban
and
peri-urban
landowners.
It
also
clarifies
the
interpretation
of
Sections
71
and
72
of
the
constitution,
giving
courts
a
renewed
mandate
to
protect
property
rights
and
uphold
constitutional
guarantees.
Advocate
Thabani
Mpofu,
senior
lawyer
for
Fletcher’s
legal
team,
called
the
ruling
a
turning
point:
“This
is
not
just
about
one
landowner.
It’s
about
the
rule
of
law
and
ensuring
that
the
government
acts
within
the
limits
of
the
constitution.
For
years,
people
have
lived
in
fear
that
their
urban
land
could
be
taken
without
notice
or
compensation.
This
judgment
ends
that
uncertainty.”
Compensation
is
Mandatory
for
Urban
Land
A
key
takeaway
from
the
ruling
is
that
the
state
is
not
barred
from
acquiring
peri-urban
land
altogether
—
but
it
must
do
so
lawfully
and
must
pay
compensation.
The
judgement
confirms
that
Section
16B
does
not
create
a
loophole
for
acquiring
urban
land
without
compensation,
even
if
that
land
was
previously
used
for
agriculture.
In
this
case,
the
Court
found
that
the
land
was
designated
for
residential
development
by
Bulawayo
City
Council
as
early
as
2015
and
2016,
and
was
no
longer
suitable
for
agricultural
purposes.
As
such,
any
acquisition
would
need
to
follow
standard
expropriation
laws,
not
the
special
constitutional
measures
designed
for
rural
land
reform.
This
provides
a
legal
pathway
for
government
projects
that
require
urban
land,
but
removes
the
threat
of
uncompensated
seizure,
which
had
become
common
during
the
land
reform
era.
Broader
Implications
for
Land
Reform
Policy
The
judgement
may
force
the
government
to
reconsider
its
land
reform
policies
in
urbanising
zones,
where
agricultural
classifications
have
long
been
used
to
justify
land
takeovers.
With
this
judgement,
it
is
now
clear
that
land
use
and
classification
—
not
merely
a
Gazette
listing
or
government
intention
—determine
the
legal
framework
that
applies.
Urban
planners,
developers,
and
investors
are
expected
to
respond
positively
to
the
ruling,
which
brings
greater
clarity
and
security
to
land
tenure
near
Zimbabwe’s
expanding
cities.
However,
the
state
may
now
face
a
deluge
of
legal
challenges
from
landowners
in
similar
circumstances,
many
of
whom
have
been
fighting
in
the
courts
for
over
a
decade.
While
the
ministry
of
lands
has
not
issued
a
formal
response,
legal
analysts
expect
the
ruling
to
necessitate
new
guidelines
on
how
peri-urban
land
is
handled.
This
judgement
stands
as
one
of
the
most
significant
constitutional
pronouncements
on
land
rights
in
Zimbabwe
since
the
onset
of
the
land
reform
programme
in
2000.
It
marks
a
reassertion
of
judicial
authority,
constitutional
supremacy,
and
the
protection
of
private
property
in
a
country
where
land
politics
remain
deeply
contentious.
In
affirming
that
peri-urban
land
cannot
be
swept
under
the
blanket
of
agricultural
land
reform,
the
Court
has
delivered
a
strong
message:
constitutional
protections
matter,
and
government
power
has
limits.
READ
THE
FULL
JUDGEMENT: Fletcher
v
Minister
of
Lands
&
Others