Understanding the Legal Provisions Governing Gazzeted or State Land

Introduction:

The Constitution of Zimbabwe empowers the State to compulsorily acquire agricultural land through gazetted notices. Once the notice is published, the land becomes state-owned, and any occupation without lawful authority is prohibited. This article discusses the statutory restrictions on occupying, subletting, and alienating such land.

1. Acquisition and Ownership of Gazzeted Land:

According to Section 72 of the Constitution, the State can acquire agricultural land through gazetted notices. This process transforms the land into state land, and its ownership is vested in the State, stripping any previous rights, titles, or interests.

2. Lawful Authority and Land Usage:

In compliance with the Gazetted Land (Consequential Provisions) Act 20:28, using gazzeted land requires lawful authority, which can be in the form of an offer letter, permit, or land settlement lease. Without any of these documents, occupying the state land is unlawful.

3. Limitations on Land Use:

Even with lawful authority, individuals are not granted absolute authority over the land. The Land Commission Act Chapter 20:29, specifically Section 28, explicitly prohibits holders of offer letters, leases, or permits from ceding, assigning, hypothecating, or alienating their lease or rights without the written consent of the Minister. They also cannot partner with others to work the land without proper authorization.

4. Legal Implications:

The significance of these clauses becomes apparent in recent legal cases involving parties engaging in agreements that attempt to grant unauthorized rights on gazetted land. Such agreements are rendered invalid and unenforceable by Section 28 of the Land Commission Act. Therefore, claims of unjust enrichment and improvement lien are unlikely to succeed in court, as private contracts cannot override statutory regulations pertaining to gazetted land.

Conclusion:

To avoid legal complications, individuals with lawful authority to use state land should consult the relevant Ministry and seek legal advice before subletting or entering into any partnerships for commercial development. Equally crucial, those without lawful authority to occupy state land should engage a lawyer before entering into agreements with non-state entities, attempting to confer usage or occupation rights on state land. Understanding and adhering to these legal provisions are essential to ensure compliance with the law and prevent potential legal disputes.