Chiefs Are Custodians, Not Owners Of The Land: Land Tenure in Zimbabwe - Ownership, Custodians, and Law

Zimbabwe’s land is managed under a complex mix of constitutional provisions, statutes, and customary practice. The 2013 Constitution and various Acts of Parliament define three main categories of land tenure – freehold (private), leasehold (state-resettlement), and communal – and set rules for each. Importantly, communal land (former tribal trust land) is vested in the President, but used by rural communities under customary law. Chiefs and village heads may administer communal land locally, but they do not personally own it but the problem to this system is that most chiefs don't have the full grasp of the law as recently witnessed in the Chief Murinye incident, where he blocked the road to stop parents going for opening day demanding some kind of payment for the Riverton school built in his area. In 2024, Zimbabwe’s Lands Permanent Secretary Mangwana emphasized that chiefs are “stewards, not sovereigns” of communal land – holding it “in trust for the true owners (the community)” – and that chiefs have no personal title over the land. These legal frameworks ensure that land serves the public interest and that ordinary occupants’ customary rights are protected.

Constitutional and Legal Framework

Zimbabwe’s Constitution explicitly treats land as a national heritage and sets out rules for its distribution. Chapter 16 and related sections declare land a “finite natural resource” that must be redistributed fairly, to redress the colonial-era pattern of ownership. Agricultural land is defined by constitution (s. 72) as land used or suitable for farming. The Constitution empowers the State (President or authorized authority) to compulsorily acquire agricultural land for public purposes (e.g. resettlement, development, conservation), by notice in the Gazette. However, compensation is generally limited to improvements on the land (buildings, crops) – the State pays only for added value, not the land itself. Notably, all farms that were redistributed under past land reform (“Schedule 7” land) remain vested in the State, without obligation to compensate former owners.

The Constitution also protects everyone’s right to tenure. Section 74 guarantees that “no person may be evicted from their home” without a court order after full consideration of the circumstances. Section 292 obliges the State to take legal measures to secure tenure for all lawful owners and occupiers of agricultural land. Likewise, Section 288(c) expressly excludes communal land from the definition of “agricultural land” subject to fast-track redistribution, meaning communal landholders cannot be arbitrarily reallocated under those schemes. In short, Zimbabwean law balances land redistribution with protections for current occupants and mandates due process before dispossession.

Types of Land Tenure

Zimbabwe recognizes three broad land-tenure systems: 

• Freehold (Private) Land – About 30–35% of Zimbabwe is freehold. This is land held under title deed by individuals or companies (mostly commercial farms and urban properties). Freehold owners have full ownership rights (to use, transfer, lease, or mortgage their land) subject only to the Constitution and laws. For example, the Constitution (s. 294) explicitly allows an agricultural landowner to “transfer, hypothecate, lease or dispose of” their interest in land, subject to legal limits.
• Leasehold/Resettlement Land – Roughly 10% of the country consists of state-owned land allocated under resettlement schemes. Recipients do not receive title deeds; instead they obtain long-term leases (typically 99-year leases) from the government. These cover “A1” and “A2” farm plots created in the post-independence and fast-track land reforms. Leaseholders may improve and farm the land, but they cannot freely sell, subdivide or mortgage it without government approval. (The terms “leasehold” or “permit” land often describe communal allotments or peri-urban plots under council management.)
• Communal Land – About 40–45% of Zimbabwe is communal land (formerly Tribal Trust Lands and Native Reserves). By law, this land is not privately owned – instead it is vested in the State (President) but allocated for use by rural communities under customary law. Villagers occupy plots and graze livestock under customary rights; they may not hold title deeds, but their rights are protected. The Communal Land Act (Cap. 20:04) and the Constitution (s. 332) define this category and govern its management.

 Each of these systems is backed by legislation. For example, the Communal Land Act provides that “Communal Land shall be vested in the President, who shall permit it to be occupied and used in accordance with this Act”. In practice, communal land is administered through local structures (chiefs, headmen, and rural district councils) and Communal Land Boards (at district, provincial and national levels) that oversee allocation and registration of plots. (Urban land and national parks are also State land managed under other statutes.)

Communal Land: Use and Management

Under Zimbabwean law, communal land is land “set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief”. In effect, communal areas are managed by local communities: families have the right to farm or settle on plots (known as danda for arable fields or mombe for grazing) under customary tenure. Section 282 of the Constitution explicitly assigns traditional leaders the role “to administer Communal Land… in accordance with an Act of Parliament”. By law, no communal resident can be evicted without just cause; Section 74’s ban on arbitrary eviction applies to all land, including communal. 

In practical terms, the President (as custodian) grants occupancy rights via permits and custom. For example, the Communal Land Act requires that any permanent residence on communal land (for farming or housing) must have the consent of the Rural District Council for that area. Likewise, permits or leases issued by the government for schools, churches or local authority projects on communal land must be approved by the RDC. These rules ensure community participation. Communal Land Boards (established under the Act) typically include chiefs, councillors and technical officers who validate land allocations to villagers.

Importantly, communal land is not subject to redistribution under the agricultural-land provisions of the constitution. The Zimbabwe Independent explains that “communal land has no owner in the strict sense,” and that while it is vested in the President, it is held for customary communities. Section 4 of the Communal Land Act formally vests it in the President “who shall permit it to be occupied and used” under the Act. Crucially, courts have ruled that this does not make the President a personal owner – rather, it ensures orderly management of community land. In Chikutu & Ors v Minister of Lands & Ors (2022), the High Court held that vesting communal land in the President was done for development purposes and “the President does not own the lands in his personal capacity, but by virtue of the powers vested in him as the State President”. In short, communal land remains a collective resource managed by the community through its leaders.

Because communal land is not classified as “agricultural land” under the constitution, villagers’ rights are protected from arbitrary expropriation. The constitution excludes communal areas from Chapter 16 redistribution, meaning communal occupants cannot be dispossessed under the fast-track land reform rules. Their customary rights are recognized as “property” under Section 71, which forbids compulsory deprivation of property except for specific public reasons and with proper notice and compensation. In practice, any dispute over communal land – for example where a chief is accused of selling communal land – is decided under the Communal Land Act and administrative law, not by treating the land as a chief’s personal estate.

Chiefs and Traditional Leadership

Traditional leaders (chiefs, headmen, village heads) have formal roles in the legal system but hold no proprietary title. Chapter 15 of the Constitution and the Traditional Leaders Act (Cap. 29:17) outline the institution of chieftainship. By law the President appoints chiefs to oversee “communities inhabiting communal land and resettlement areas”. Chiefs are tasked with upholding customary culture and values, resolving local disputes, supervising headmen, and allocating communal land in accordance with the law. For example, the Traditional Leaders Act requires a chief to “ensure that Communal Land is allocated in accordance with Part III of the Communal Land Act”, and to prevent unauthorized settlement on customary land.

Even so, chiefs’ authority is defined by statute. The Constitution (s. 282) gives chiefs jurisdiction over communal land “except as provided in an Act of Parliament” – meaning they exercise powers granted by laws like the Communal Land Act. They cannot override the rights of villagers or national law. As Mangwana summarized: a chief is a steward, not an owner, of communal territory. He “does not own the assets (territory) they oversee” and holds it “in trust for the true owners, which is the community”.

In practice, chiefs often play an advisory role in land allocation. A villager seeking a new plot normally makes a request to the village head or chief, who then guides the family. The final ratification typically goes through the Communal Land Board and RDC. If a chief refuses or abuses this role (for example by illegally selling land), communities can appeal to the Rural District Council or even the High Court. Overall, the law treats chiefs as community leaders and land managers under custom, but places ultimate ownership and the power to alienate land with the State and the institutions set up by law.

Freehold and Leasehold Land

Private (freehold) land is comparatively simpler: it is owned outright by title deed. Owners of freehold land (especially commercial farms and urban properties) have exclusive rights to use and profit from the land. They may sell, subdivide or mortgage it, subject only to zoning laws and the constitution’s redistribution rules. However, even freehold farmland can be compulsorily acquired by the State for public purposes. Under Section 72 of the Constitution, the government may expropriate agricultural land with notice, vesting title in the State. Compensation is limited to any buildings, crops or improvements – the original owner receives no payment for the land itself. This reflects Zimbabwe’s land reform policy and is enshrined in law.

Leasehold land occupies a middle ground: the State (or local council) retains ownership of the land, while granting a fixed-term leasehold to the occupant. This arrangement is common in resettlement schemes (A1/A2 farms) and some urban/communal contexts. Leaseholders invest in the land and live on it, but their rights depend on renewal by the authorities. For example, most rural resettlement holders have 99-year leases. They cannot sell or mortgage the land without government approval, though they have long-term security. The constitution protects lawful occupiers (including leaseholders) by requiring the State to grant security of tenure. In practice, A1/A2 farmers are issued lease documents and are generally free from eviction so long as they abide by the law.

Land Administration and Institutions

Several institutions implement Zimbabwe’s land laws. The Zimbabwe Land Commission, established in 2018 (Land Commission Act, Chap. 20:29), is central for state land. The Constitution (Ch. 296–297) and Act empower the Commission to audit state-held agricultural land and ensure its fair administration. Its duties include conducting regular land audits, advising government on compulsory acquisition of private land for public purposes, enforcing any limits on land ownership, promoting equitable access (including gender equity), and recommending fair compensation rules. In effect, the Commission oversees all state-owned farms and resettlement projects, aiming to prevent corruption or abuse in land allocation. All government agencies (and even the traditional leadership structures) must cooperate with the Commission’s directives.

At the district level, Rural District Councils (RDCs) implement local land policy in communal areas. The Rural District Councils Act requires RDCs to develop land-use plans and coordinate land allocation with village heads and chiefs. In communal areas, an RDC must formally approve any permanent occupation of a plot – for example, a farmer must obtain the RDC’s consent to keep a field or build a home on communal land. The RDC also issues “family permits” under the Communal Land Act and can evict unauthorized settlers. Thus, RDCs act as the bridge between customary practice and statutory law on the ground.

Other relevant laws include the Land Acquisition Act (Chap. 20:10), which defines how the President or ministers (the “acquiring authority”) can compulsory acquire land. It establishes procedures for notifying and compensating landholders. Similarly, environmental and urban land laws (e.g. Parks and Wildlife Act, Deeds Registries Act) regulate special categories like wildlife estates or city properties. But all such land is legally state land, with use controlled by statute.

Rights and Protections

Under Zimbabwe’s law, all land in use or occupation enjoys certain protections. Section 74 of the Constitution makes explicit that no one may be evicted from their home or have it demolished without a court order. This applies equally to communal villagers and urban homeowners. In communal land, even though plots are not registered in deeds, occupants’ customary rights are recognized by courts as protected property interests. A landmark Zimbabwe Independent analysis notes that residents “have recognizable rights over the land” in communal areas, and these rights are protected from uncompensated seizure. Indeed, if the State wanted a piece of communal land for, say, a school or clinic, it would need to follow the constitution’s property provisions (giving notice, paying fair compensation where required, and allowing judicial review) just as with private land.

Finally, the State is constitutionally required to respect land tenure security. Section 292 obliges the government to take legislative and other measures to secure every person lawfully owning or occupying land. In recent years, that has translated into laws and policies (like the Communal Land Act and Land Commission Act) aimed at formalizing land rights and resolving disputes. 

The courts have also reaffirmed that chief and villagers cannot be summarily deprived of their land. In sum, Zimbabwe’s legal framework treats land as a resource held in common – with communities (under their chiefs) entitled to use it – and reserves the ultimate custodianship to the State. Chiefs and local leaders are empowered to manage communal land in the community’s interest, but ownership remains collective, not individual.

If you have a tip, a story, or something you want us to cover get in touch with us by clicking here. Sign up to our newsletter so you won’t miss a post and stay in the loop and updated also we will be launching a free basic cybersecurity short course for beginners to teach you how to protect yourself online. Just subscribe for free to our newsletter and create an account on perusee to be eligible.

Note: You can also advertise on Perusee, just contact us, call or app +263 78 613 9635

Click here to Follow our WhatsApp channel

Keep comments respectful and in line with the article, also create an account and login to chat with members in our forum, get help on issues you need help with from community members.