Former farm owners who are either indigenous Zimbabweans or citizens of countries which had ratified Bilateral Investment Protection and Promotion Agreements (BIPPAs) or Bilateral Investment Treaties (BITs) with Zimbabwe at the time that their land was compulsorily acquired for resettlement are entitled to compensation for both land and improvements in accordance with the country’s constitution, government has revealed.
This latest development comes in the wake of the recently concluded Global Compensation Deed between the Government of Zimbabwe and the former farmers, which aims at bringing closure to the land reform chapter while re-positioning agricultural productivity to boost economic recovery.
In a joint statement released earlier today by the Ministries of Lands and Agriculture and of Finance and Economic Development, Government said that while entitlement was provided for by subsections (1) and (2) of Section 295 of the constitution of Zimbabwe, this category of former farmers is not eligible for compensation under the Global Compensation Agreement signed towards the end of July.
“This category of former owners is not eligible for payment of compensation under the Global Compensation Agreement…..Their compensation will be considered separately on a case by case basis. Through the Land Commission Regulations (SI 62 of 2020), Government has already provided that these former farm owners can apply in writing to the Minister of Lands and Agriculture for restoration of title to the piece of agricultural land that was compulsorily acquired from them,” read part of the statement.
Government added that in the appropriate circumstances, it would then revoke offer letters of resettled farmers who currently occupy the land and offer them alternative land elsewhere.
In the event that it is impractical to restore land to former owners, alternative land elsewhere subject to availability will be offered as restitution.
Government has further noted that in the event therefore, that a former farmer regains possession of his land or accepts Government’s restitution offer this shall then be in full and final settlement, or to the extent that may be mutually agreed with Government, of any claims for compensation from the State that the former farm owner may have.
“Where it is not possible or desirable for the State to restore the acquired land to its former owner or offer alternative land, Government shall offer compensation to the former farm owner based on the same valuation methodology as was applied under the Global Compensation Deed,” Government also clarified.
The whole exercise is set to see about 4 000 white commercial farmers who lost their farms during the land reform programme getting a combined US$3.5 billion in compensation for improvements that they had made on their farms.
