What the people said about the proposed land Commission Bill

4.6    Land Tax

Section 56 of the Bill highlights that the Minister of Lands after consultation with the Minister of Finance may charge monthly or annul rentals to be paid by holders of land.  Concern was raised that the levies were unjustifiable in that they did not take into account the agricultural activities and ecological regions of the country.  An example was cited were livestock and wildlife producers located in ecological regions 4 and 5, in areas such as Matebeleland require more hectarage than those in crop production in region 1 and 2.   Furthermore, there were calls that the Ministry of Lands should widen its consultations on the land tax and not just confide with the Minister of Finance.  Other factors that needed to be taken into account in determining land taxes include; financial resources, climatic patterns, farming equipment at the disposal of the farmers.  The Minister of Lands was accused of being insensitive to the plight of farmers, through the high rental charges.

4.7 Accessibility of the Commission

Section 59 of the Bill states that the Commission shall endeavor to establish offices at provincial, district and other administrative levels “…..as it considers fit for the better performance of its functions”.  This provision should make it mandatory rather than leave it to the discretion of the Commission.  Land holders are located in rural areas and most of them are struggling to get resources for their agricultural activities, hence it would prudent for the Commission to have offices located nearer to the affected than to be located in Harare, where there is little agricultural activity.

4.8    Classification of Agricultural Land

Section 72 of the Constitution defines agricultural land as that suitable for horticulture, viticulture, forestry, aquaculture, animal husbandry which includes keeping or breeding of livestock, game, poultry, animals or bees.  Concern was raised that not much protection is given to biosphere areas located in places such as Honde Valley, Mana Pools and Middle Zambezi. These areas are protected under UNESCO conventions and should not be demarcated for land resettlement.  Furthermore, persons involved in wildlife farming are not given much support and recognition from government departments.

4.9    Gender Parity and Equality on Land Resources

 In a book Beyond the Enclave, it is estimated that by 2003, under the A1 and A2 models women constituted 18% and 12% respectively of the total land beneficiaries. The Select Committees of Parliament observed and heard of women being discriminated and dispossessed of land. Section 17 (1) ( c) of the Constitution  states that “the State and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men”.

Furthermore, section 297 (1) (c ) implores on the Land Commission to make recommendations on the “elimination of all forms of unfair discrimination, particularly gender discrimination”. These Constitutional provisions are in line with the African Charter on Human and Peoples Rights on the Rights of Women in Africa and the 2004 Solemn Declaration on Gender Equality in Africa, which calls for action to address gender inequalities including women's unequal access to land.    Other vulnerable groups that are being disinherited or disregarded in land allocations include orphans and the disabled.

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