Former Information Minister Professor Jonathan Moyo has dismissed opposition lawyer Fadzayi Mahere’s claims that the government’s programme to issue title deeds for resettled farmers is unconstitutional, calling the assertions misleading and a misreading of Zimbabwe’s 2013 Constitution.
Mahere, in a widely circulated post on X, argued that sections 72(4) and 72(5) of the Constitution expressly prevent private ownership of agricultural land and that the government’s title deeds initiative amounted to “invalid psychological games.”
But Moyo, in a detailed rebuttal, said the claim ignores the broader framework of the Constitution particularly Chapter 16 on agricultural land which explicitly allows for private ownership through State alienation.
“Section 293(1) is clear: the State may alienate agricultural land for value, including by transferring ownership to citizens. To claim otherwise is not just incorrect, but a fundamental misunderstanding of the Constitution,” Moyo argued.
He stressed that sections 289, 290, and 293 when read alongside 72 provide for the vesting of land in the State following the Fast-Track Land Reform Programme, but also empower the State to later issue ownership rights, including title deeds, to citizens.
Citing the Land Commission Act of 2018, Moyo noted that the Minister of Lands, with presidential approval, can lease, sell, or otherwise dispose of State land, including issuing deeds of grant and title deeds.
“Sections 72(4) and (5) were designed to protect the irreversible land reform gains and cancel pre-independence title deeds. But they do not bar the State from granting new titles under section 293. Zimbabweans are entitled to own agricultural land, and title deeds are firmly within the law,” he explained.
Moyo accused some opinion leaders of resorting to “argument by conclusion” asserting unsubstantiated positions based on personal authority rather than evidence.
“It is unfortunate that misleading claims are being circulated. The Constitution is clear, the law is clear, and no court has struck down the programme. Zimbabweans deserve arguments grounded in fact, not empty pontification,” he said.
