The Unfinished Agrarian Transformation:

A National Dialogue

October 2018

CiTiZENSLAB Zimbabwe

GOVERNMENT OFZIMBABWE

The Unfinished Agrarian Transformation:

A National Dialogue

October 2018

1. INTRODUCTION

Udugu Institute, in collaboration with BEAT Afrika, hosted an Open Dialogue multi-stakeholder workshop on “The Unfinished Agrarian Transformation: A National Dialogue” on 26th September 2018, Rainbow Towers, Harare. The initiative, aimed at promoting dialogue on land reform and agrarian transformation is an important conversation for Zimbabwe’s ‘new dispensation’- the Second Republic, whose vision is to achieve Upper-Middle Income Country (U-MIC) status by 2030 with agriculture as a backbone to the economy.

The main objective of the dialogue session was to promote engagement between the State and Non-State Actors on the unfolding agrarian agenda, so as to surface the unfinished agrarian issues and how to address those in light of the 2030 U-MIC vision and beyond. The specific objectives of the dialogue included: key stakeholders of the agrarian sector engaging government officials and acquiring a clearer understanding of current and envisaged activities, strategic interventions of Government, and implications for various stakeholder groups; reviewing and discussing issues affecting various land tenure groups: Communal Areas / A1 Old resettlement; Small-scale commercial and A2 ; Wildlife Conservatives and forestry;

and Peri-Urban land; ascertaining policy and implementation issues that are critical for successful advancement of the unfinished agrarian revolution and have these fully shared with government; and recommending immediate/priority actions towards completing the unfinished agrarian.

This report is a summary of the proceedings.

2. PARTICIPATIONA total Of 44 participants representing key stakeholder groups across the sector were in attendance including: Government ministries; Ministry of Lands, Agriculture, water, climate and rural resettlement, ministry of local government, quasi-government institutions; Forestry commission, lands commission, farmer representatives, Zimbabwe Agricultural Society (ZAS), Private sector represented by Zimbabwe National Chamber of Commerce (ZNCC), including other organizations, scholars and researchers, Agricultural Research Council (ARC), Development Partners and World Bank.

1

3. SUMMARY OF KEYNOTE SPEECHES:

OPENNING SESSION IN THE MORNINGMungai Lenneiye in the first and opening presentation entitled “The unfinished agrarian transformation”,escribed what he termed “Political Philosophy and Structure of Society” that affect land. These shape changes in laws and regulations or customs on ownership and redistribution of agricultural land with government being key in the redistribution of agricultural land and redirecting the agrarian system. In the process of agrarian transformation two critical concepts -“Revolution” is a violent overthrow of the old order leading to fundamental change in institutions and “Transformation” is the conversion of an

element into another of similar value. Mungai highlighted two most critical phases that were key in the history of land reform in Zimbabwe: first is the 1930, Southern Rhodesian Land Apportionment Act that gave rise to privatization of land disrupting the pre-1900 evolution; and secondly is the “2000, Fast-Track Land Reform Program" (FTLRP). The prelude to FTLRP includes the 1980 Zimbabwe Constitution "willing buyer, willing seller" phase; 1992 Zimbabwean Land Acquisition Act (with financial compensation); and 1998 Land Reform and Resettlement Programme Phase II (LRRP II). Taking Zimbabwe forward would require answers to the nature of Agrarian Reform that would increase the prospects of a Middle Income Country by 2030. The foundations to reach middle income by 2030 through driving agrarian reforms are embraced in ‘citizens’ lab’ where Experts, Farmers, Industry, Government, Non-State Actors, consumers, and others dialogue on the desired direction and content of Agrarian strategies in Zimbabwe

2

Mr. J. Rugare of the Zimbabwe National Chamber of Commerce (ZNCC) delivered the second presentation in the opening session and entitled- “Major private sector initiatives”. He made salient point that the open discourse on unfinished agrarian transformation is coming at a defining moment when our government has set an ambitious target of becoming an upper middle income by 2030. The economy needs about $2billion FDI inflow annually to achieve the 11% growth rate and traverse to middle income (MI). In the process agriculture must reclaim its leadership role in driving the economy to full prosperity and all sectors performing at full capacity and efficiently. The governments need to conclude land reform and rethink on the following areas which have potential to make agriculture work:

1. Agriculture financing through 99 year leases is not working, government must redesign the land tenure system.

2. Need for land audit to ensure underutilized land is reclaimed

3. Relaxation of indigenization laws must also apply to land issues of joint ventures

4. Argo processing companies which lost land at height of land invasions must be reconsidered.

5. Need to facilitate Agriculture production mix for both food security and exports.

The final presentation in the opening session was entitled “Agrarian transformation in Zimbabwe” by Prosper Matondi. Matondi unpacked the theme of the conference emphasizing what the government needs to do towards the completion of land distribution. He unpacked land governance and administration system envisaged. This covered aspects of: land rights and tenure across all land categories; valuation and compensation of to those who lost land through the FTLRP and the need to develop a framework for future valuation and compensation; conflict and dispute resolution framework and modalities; land registers and cadaster; and land use planning an zoning in light of outdated Surveyor General maps and agro-climatic regions.

By bring closure to these issues, the Agriculture sector becomes transformed when the sector is geared towards a modernized sector contributing to local manufacturing leading to a middle income status. Addressing compensation and land governance in the context of rights and tenure security would contribute to transforming the agrarian sector into a more modernized sector free from land contestation.

The 3 opening presentations were followed by a brief question and answer session for purposes of clarifying issues.

PRESENTATION OF POSITION PAPERSThe papers were intended to unpack the status quo regarding land governance for each sector and set the scene for further discussions under panel discussions. The papers were guided by 4 categories constructed around i) Communal Areas / A1 Old resettlement (Vimbayi) II) Small scale commercial (A2) / White commercial –(Dr. Max Mutema) III)Wildlife Conservatives and forestry (Abby Mugugu& Dr Reinhard Waytok ) and iv) Peri - Urban land (Dr Andrew Mlalazi). The consultants have strong background in natural resources management. Papers were presented in that order.

3

4

a) A2/Large Scale Commercial Farming Sector by Maxwell Mutema

The highlights of the presentation included:

• Large scale commercial farming and A2 model could be premised on a robust and formal land tenure arrangement, ideally this could be freehold title deed (Given that our freehold system was once the envy of the world and facilitative to markets).

• 75% of the world’s accurately quantifiable, measurable and formal wealth is based in 2100 global cites with functional and vibrant property markets. This is the basis of international capital.

• Other tenure forms can be reserved to the other categories, A1, communal, old resettlement areas/

• A significant large scale commercial sector should be the core or main engine of rebuilding agriculture whilst the smallholder sector can play a complementary role as it evolves

• Large scale commercial farming is the quick win while, trying to build the smallholder sector towards its full capacity.

• It can become the nucleus of out-grower schemes and contract farming, agro-industrial park, Agricultural Special Economic Zones, Land Bank: Large Scale Commercial farming Sector and

• A2 Farms riding on the back of Freehold Title Deeds can form the backbone of the Land Bank for raising farming capital as well as contributing towards the financing of compensation of farms.

• The cycle to attain success is shorter and quicker with organized large scale commercial farming than with smallholder farmers because large scale commercial farming is more structured and easier to institutionalize than smallholder agriculture.

• Large scale commercial farming can assist with logistics in smallholder production aggregation.

• Type of enterprise, production cycle and capital investment intensity are key considerations for large scale farming: Plantation agriculture: forestry, tea, coffee, sugar cane, macadamia, coffee is by nature largely large scale.

• Commercial Agriculture should be the epicenter of technology driven agriculture. It should influence the rest of the industry in terms of innovation and creativity and take the lead in early adoption of modern farming technology

• Commercial agriculture is one of the quickest ways of attracting international capital (FDI)

• It has advantages of economies of scale a key factor in global agricultural value chain dominating countries like Brazil, USA, Canada, Argentina,

• Commercial agriculture has always been the force behind once Zimbabwe’s world class agricultural research and development

• Can take the lead in getting back agricultural productivity

5

Challenges affecting A2/commercial farming sector were cited as:

• Security of Land Tenure • Outstanding Compensation

• Farming Finance Challenges: There is no structured and tailor-made finance

• Limited farming finance (short term, medium term and long term) especially to the A2. There is Command Agriculture yes but is this really the long term and sustainable solution to farming finance for the country?

• Lack of Self-Organization: Commercial farming is now less organized in terms of lobbying and advocacy. It is a pale shadow of its yester-year.

• Challenges related to planning and layout: Need to re-visit for better sharing of key infrastructure

• Absence of an elaborate strategy for plantation and specialized crops: These require special status.

• Government is moving to take action on forestry and dairy. This must also be extended to the coffee sector

• Poor market linkages: versus the level that ex-farmers had attained, story of horticulture exports which began in 1985

b) Agrarian transformation implications for A1 and Communal Area Farmers by Vimbai Vudzijena

The following were highlights of the presentation:

Farmer characteristics:

• Unable to exploit all property values in land

• Impoverished yet have rights to value loaded land and natural resources

6

• Land has 3 values- occupation, use and exchange but reality is that farmers have only use and occupation rights

• Incomplete rights in respect to property values is the biggest source of poverty in CA/A1

Implications:

• Limited rights to land retard agricultural growth towards surplus

• Farmers do not participate in high value addition stages of value chains

• Relative incomes will remain subdued

c) Impact of the land agrarian reform on wildlife and forestry management in Zimbabwe by Abby Taka Mgugu Mhene

The following were the highlights of the presentation:

• The Parks and Wildlife Act, Chapter 20:14; Wildlife Based Land Reform Policy; Rural District Councils Act, Chapter 29:13 and the Indigenization and Economic Empowerment Act, Chapter 14:33, are some of the several principal pieces of legislation and policies which govern the wildlife conservation and utilization.

• The Parks and Wildlife Act is also supported by a Policy for Wildlife, developed in 1992 and later revised in 2004 to cater for the Land Reform programme. The Wildlife-Based Land Reform Policy seeks to ensure profitable, equitable and sustainable use of wildlife resources with particular focus in areas where agricultural potential is limited.

• The Rural District Councils Act Chapter (29:13) 2002 is important in the wildlife sector as it provides for a legal entity in Communal Lands responsible for wildlife resources.

7

• The Indigenization and Economic Empowerment Act (Chapter 14:33) 2007 is a more recent Act, which seeks to ensure that at least 51 percent of the shares of every public company and any other business shall be owned by indigenous Zimbabweans. The enactment of the Act has adversely affected the wildlife sector, especially on privately owned land.

• While the land and agrarian reform was a noble idea for economic development of the country, it came with its own set of challenges in regard to the management of natural resources that included wild life, forestry, water and the ecosystem.

• The communal lands (CAMPFIRE) including the privately-owned land (Conservancies play a critical role towards biodiversity conservation and sustainable utilization.

• The Fast Track Land Reform Programmes has threatened conservancies with about 5 major ones remaining operational including Malilangwe, Midlands (Sebakwe), Bubi/Bubiyani, Save Valley and Chiredzi River; but they face major challenges including unplanned settlements leading to habitat fragmentation and illegal wildlife off-take. (AWF, 2011).

• Due to such settlement patterns, most of the Highveld conservancies which used to be ecologically and economically viable are no longer operational as wildlife-based enterprises.

• The allocation of land to new farmers led to massive clearing of land that resulted to habitat loss, fragmentation and loss of prey for the carnivores.

Policy recommendations for Government were presented as:

• Policymakers and development practitioners should seriously consider institutional reforms that convey greater control of natural resources through devolution and decentralization of managerial functions, decision making and authority into the hands of local communities, while the state maintains regulatory functions

• Need for Proper planning and instituting of the land reform process, thereby striking a balance between land allocated for subsistence farming and wildlife management while allowing more people to benefit economically

• It is crucial to integrate the community members as stewards of the land, and helping them to benefit financially from wildlife, thereby encouraging them to protect rather than poach animals

8

d) Conservation and Agriculture by Reinhard Woytek, Programe Director SADC-GIZ Transboundary Use and Protection of Natural Resources

The highlights of the presentation included:

Famous Historical Revolutions

• The Neolithic Revolution – some 15,000 years ago – settlement, ploughing, storage

• The Industrial Revolution – 18th and 19th century – land tenure, technology, population dynamics

• The Green Revolution – 1960s and beyond – land tenure, technology

• Industrial Revolution 4.0 – digitization, conservation, climate change

Unfinished business means addressing Land tenure, productivity and sustainability concerns. What brings a new transformation? Happens when a farmer becomes:

• Entrepreneur • Ranger

• Stewart of the environment • Conservationist

e) Peri-Urban Land and Development by Andrew Mlalazi-Planning and Development Consultant)

Highlights of the presentation included:

What defines peri-urban development?

• Marks interface between town and rural area

• Defines the rural—urban transition zone

• Place where urban and rural uses mix and often clash.

• Predominantly large green open spaces such as farmland and

• Nature reserves in the urban periphery

• May also be a zone of smaller settlements, industrial areas and other urban land- uses like tourism

Drivers of peri-urbanization

• Planned peri-urban areas around major cities and towns and in resort areas.

• Residential development associated with urban slum clearance and encouraged by land reform (jambanja)

• Commercial activity marked by promise of quick returns

• Economics – escape from rising costs in the cities

• Fight for political control over the cities.

• Administrative – taking advantage of situations

9

Problems and Issues

• The impact of urban development on natural ecological systems

• Inadequate service infrastructure provision and increased reliance on commuter omnibuses and cars

• The conflict between urban spatial expansion and rural land preservation

• the need for self-sustained local economy and well-being

• Lack of social cohesion and sense of community

• Lack of meaningful public participation in the decision-making process related with planning and design

Conclusions and recommendations

• Peri-urban development will always be there as long as there is urban development

• The questions regarding farmland, ecological systems, employment, poverty and the built environment are all interwoven and need to be considered together to achieve sustainability.

• A holistic agenda to achieve sustainability is currently lacking within the policy of peri-urban development

• There is need to adopt a policy agenda that takes into account current issues and integrates environmental, social, and economic aspects of sustainability

10

4. PANEL GROUP DISCUSSIONS The panel group discussions followed the expert presentations. These unpacked the main policy and or implementation issues critical for successful advancement of each sub sector and identifying key recommendations on immediate/ priority action. In addition, the groups suggested strategic interventions by stakeholders (Government, Industry, other organizations). Four groups were constituted as follows: 1. Urban and peri-urban; 2. Communal; 3. Commercial/A2/SSC; and Forestry and wild life.

AFTERNOON SESSIONAfter the group discussions, the spokespersons of each group constituted a Panel for report back and plenary discussion.

Report by Urban and Peri- Urban Land Group

a. Policy Issue: Government is the custodian of all urban and or peri- urban land but there is no clear definition of Peri-Urban Land in the Zimbabwean constitution but just communal and agricultural land. Peri -Urban is transitional land use.

b. Challenges as a result of the Policy Issue

i. Land Administration is almost impossible as there is no clear zoning or definition of Peri Urban Land. We cited the back and forth between Harare city council and Goromonzi Rural District Council on Chishawasha B, Caledonia and Crowhill as an example of a Rural District Councils that has been strained and failing to administer and or manage a peri-urban community that had been adopted into urban.

.

ii. Ambiguity for the farmers on the use of land allowed as the back and forth means certain rules that might not have applied under Rural District Council law will not stand under urban city by laws and affects the security of tenure.

iii. Rigid Development Control

and town planning laws are unmanageable in peri -urban communities because of the current general laxity in implementing or enforcing by laws.

iv. A lot of distortion and questions on land values which is an important aspect of production since peri-urban land is generally cheaper than urban.

v. Strain on bulk service

delivery as RDC’s fail to manage the now sudden influx of households to provide water and or basic services to.

vi. A counterproductive free for all approach to land ownership and development which makes enforcement and protection of rights impossible

c. Recommendations i. Government must setup a

team or committee to further engage and analyse/ investigate the current zoning or setup of urban to peri- urban and come up with recommendations that will place and clearly define Peri- Urban land.

d. Further proposals

i. All Master plans for urban areas must have and or define zones for future expansion into Peri- Urban Land.

ii. That there be Strict Rules

and regulations on how zoned land should be used.

iii. Government through the ministry or council must adopt and establish mechanisms and programs to improve infrastructure that provide bulk basic services to Peri- Urban communities. For example the Umguza and Bulawayo City Council partnership.

iv. Government should adopt

densification- Build going up to contain rapid expansion. This should also include access to finance, skill and 1st world building technology to enhance bulk infrastructure provisions.

v. Extensive- Information asymmetry on Land Use, land Rights and obligations for both urban and peri- urban land dwellers.

vi. Zero political Interference in peri land allocation

vii. Political will to effect, implement and enforce recommendations from subject matter experts.

Report by Communal Landgroup

Policy issue

i. Existence of dual regulatory framework -customary law and statutory law (inheritance law) confuses and limits women rights with respect to ownership and transfer of land.

ii. Open access tenure

iii. Constrained land market under communal system; Limitation on flexibility of land uses- you can produce crops and livestock but conservancies are prohibited rights only given to institutions.

Challenges arising from the policy issues

i. Women find it difficult to inherit and have autonomy over the land if the husband dies.

ii. Challenges on the management of resources including grazing land.

iii. Inability to access finance resulting in farmers being subsistence

iv. Communities constrained to make the best decision on usages of their land

12

Recommendations

i. Alignment of the customary law to statutory inheritance law

ii. More secured and privatized land tenure system

iii. Flexibility over decision making and control of resources by communities

iv. Need to explore more contracts for communal farmers to mainstream them into

Report by CommercialAgricultural Land Group Policy issue

i. Lack of secured tenure

ii. Unresolved compensation issues

Challenges arising from policy issue

i. Lack of access to productive finance

Recommendations

i. Holistically deal with rights issue and compensation

Report by Forestry andConservancies Group

Policy issue

i. Limited implementation of CAMPFIRE

Challenges arising from policy issue

i. Communities not able to access benefits from natural resources such as forestry and wild life conservancies

Recommendations

i. Ensure security of Tenure for conservancies, especially the community based ones

ii. Full implementation of campfire to the benefit of local communities

iii. Need to bring to table all relevant government institutions around wildlife and land use or enhance cross-sectorial cooperation from ministerial to local level

iv. Need to organize the sector around maximizing productivity and land use

v. Review lessons learned and re-institute successful approaches of CAMPFIRE programme

vi. Strengthen community capacity for their engagement with investors, government, and their mandate as stewarts of wildlife and natural resources (CBNRM)

vii. Establish formats for dialogue between private sector, government and communities (public-private-community dialogue)

viii. Study and adapt and adopt management models from within the region, such as the commodity based trade for beef from potentially FMD affected areas

Recommendations on immediate priority strategic interventions by government

i. Comprehensive land policy which addresses land administration system and governance issues including tenure security, compensation, information, awareness and inclusion into value chains

13

NOTES

14

NOTES

15

NOTES

16

Design and Studio time: The Hogo Studios