The High Court has determined that rural district councils (RDCs) lack the legal authority to sell communal land.
Under the Communal Land Act, the Rural District Councils Act, and the Traditional Leaders Act, the sale or lease of communal, traditional, and grazing lands is explicitly prohibited.
Recently, the High Court annulled a land sale agreement between a family trust and the Buhera Rural District Council.
According to The Herald, the case involved a 40-hectare plot in Madzivanyika Village, home to over 35 villagers and including grazing lands and communal fields.
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The land had been sold to the Munda Family Trust for the construction of a boarding school, with the eviction of the villagers already underway.
The affected villagers contested the council’s decision in the High Court.
Justice Webster Chinamora ruled the sale illegal and voided the agreement between the Munda Family Trust and the council. He stated:
“The application for a declaratory order is granted. The sale agreement of 40 hectares of communal land in Madzivanyika Village, Chief Chitsunge Buhera, between Munda Family Trust and Buhera Rural District Council, dated March 23, 2020, is declared illegal and is hereby cancelled.
The first and second respondents (Munda Family Trust and Mr Pomerai Munda) are ordered not to evict any villagers residing on the 40 hectares of communal land.”
In their application, the villagers argued that communal land is vested in the President of Zimbabwe, and the local authority’s role is limited to allocating land in accordance with customary laws regarding allocation, occupation, and use. They further asserted that RDCs do not possess the authority to sell communal land.
Justice Chinamora concluded that it is evident that communal land cannot be sold.
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