Harare, Zimbabwe | In a landmark victory for transparency and constitutionalism, the High Court of Zimbabwe has issued a compelling directive to President Emmerson Mnangagwa, ordering the immediate public release of the Commission of Inquiry report into the sale of state land in urban areas.
The ruling, delivered by Justice Maxwell Takuva, marks a significant turning point in a years-long battle for accountability regarding the “land baron” phenomenon that has plagued Zimbabwean urban planning since 2005.
A Constitutional Mandate for Transparency
The court’s decision follows a rigorous legal challenge launched in September 2023 by former legislator Allan Norman Markham. Represented by human rights stalwarts Alec Muchadehama and Andrew Makoni, Markham argued that the continued suppression of the report was a direct affront to Section 62 of the Constitution, which guarantees citizens the right to access information held by the state.
Justice Takuva’s judgment was scathing regarding the state’s culture of nondisclosure. He ruled that the right to information is “enforceable and not optional,” labeling the government’s refusal to publish the findings as an act of “opacity and secrecy” that undermines the very fabric of good governance.
The $2.97 Billion Corruption Scandal
The report in question, compiled by a Commission led by Justice Tendai Uchena, has remained under lock and key for over six years. The investigation was originally commissioned to probe the chaotic and often illegal sale of state land to unsuspecting home-seekers.
Key revelations expected in the report include:
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Financial Hemorrhage: Evidence suggesting the state lost approximately US$2.97 billion due to illegal land dealings.
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Institutional Malpractice: The roles played by high-ranking individuals and state institutions in facilitating unregulated settlements.
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Humanitarian Crisis: The proliferation of settlements lacking basic infrastructure such as water, electricity, roads, and clinics.
Despite the President and the Attorney-General arguing that releasing the full document might infringe on the rights of mentioned individuals, the High Court prioritized public interest and the constitutional requirement for responsiveness.
Six Years of Stonewalling Ends
For Allan Markham, the court order is the culmination of a pursuit that began in 2019. Despite numerous parliamentary questions and direct petitions to the Presidency, the executive branch had maintained a wall of silence until the judiciary intervened.
“Keeping the report secret prevents the public from understanding the depth of corruption and mismanagement that has left thousands of Zimbabweans in precarious housing situations,” Markham argued in his submissions.
The 90-Day Ultimatum
The High Court has granted the Presidency a 90-day window from the date of the judgment (December 24, 2025) to make the Commission of Inquiry Report fully accessible to the public.
As the deadline approaches, all eyes remain on the executive to see if it will finally embrace the transparency required to dismantle the networks of land barons who have profited at the expense of national development.
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