In July 2000, President Mugabe officially launched what he termed the “fast track land reform” where the
National Land Identification Committee would identify tracks of land for redistribution. The fast track land
reform process has been characterized by blatant disregard by land invaders of the laws of the country, coupled
with an apparent reluctance by the government to implement those same laws. The police refused to
implement orders from the High Court to restore order on the commercial farms arguing that the invasions
were a political issue. In April 2000, the government pushed through Parliament an amendment taken from
the rejected draft constitution relating to land acquisition, adding a new section 16B to the existing
constitution. The Constitution now reads:
“Agricultural land acquired for resettlement in regard to the compulsory acquisition of agricultural
land for the resettlement of people in accordance with a programme of land reform; the following
factors shall be regarded as of ultimate and overriding importance –
A- under colonial domination the people of Zimbabwe were unjustifiably dispossessed of their land
and other resources without compensation:
B - the people consequently took up arms in order to regain their land and political sovereignty, and
this ultimately resulted in the Independence of Zimbabwe in 1980:
C- the people of Zimbabwe must be enabled to reassert their rights and regain ownership of their
land and accordingly—
I- the former colonial power has an obligation to pay compensation for
agricultural land compulsorily acquired for resettlement, through an adequate fund established for
the purpose; and
11 - if the former colonial power fails to pay compensation through such a fund, the Government of
Zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for
resettlement”.9
The amendment significantly extended the grounds upon which land could be compulsorily acquired and
absolved the government from providing compensation, except for improvements; and provided that the
"former colonial power” should provide any compensation”. The Land Acquisition Act Number 21 of 1985, was
further amended in May 2000, using the power given to the President to enact six-month temporary legislation
under the Presidential Powers (Temporary Measures) Act Number 1 of 1986; and again in November, through
Parliament. The stated aim was to prescribe new compensation rules in accordance with the Constitution.
Since then there has been systematic violence on commercial farms. According to the 2007 report, a total of 53
022 people - farm workers, farmers and their families experienced at least one form of violation.10
The trend in Zimbabwe has been that land invasions are more pronounced during election periods. For
example, after the March 2008 harmonized elections in which ZANU-PF lost control of Parliament for the first
time in its 28 years of rule, there was an escalation of violent land invasions by war veterans and the youth
militia. The surge in land invasions was precipitated by President Mugabe's speech in an address before the
trade fair on April 25, when he said:
“The land reform programme under which thousands of Zimbabweans were allocated land taken from the
white minority is the final solution to the land question and will never be reversed . . .” Following this speech a
fresh round of invasions intensified. According to the Commercial Farmers Union (CFU), there were between 3
800 to 4 500 white commercial farmers in 1999, but in 2009 less than 300 remained in control of the land (less
than 1% of Zimbabwe's land). The majority continues to farm on reduced hectarage while some are leasing land
9
Constitutional Amendment
10
Adding Insult to Injury- a preliminary report on human rights violations on commercial farms 20002005.Zimbabwe Human Rights Forum special report 2007.
4