Tag Archives: land tenure

Land and tenure in Zimbabwe’s communal areas: why land reform was needed

Access to land is central to the livelihoods of rural people, but in the communal areas this is highly constrained outside the land-extensive Lowveld site of Mwenezi. Even in dryland Chivi average holdings are only 2.1 hectares, while in Gutu North they are as small as 1.4 hectares on average (see table below). The communal areas of course were established as labour reserves in the colonial period, and were never meant to afford the opportunity to accumulate independently. The aim was to provide some level of social security in old age, and a place for women and children to live, while men migrated to town or to the farms and mines to work. This wage labour was then the source of income and agricultural production just complementary subsistence.

  Mwenezi Chivi Gutu West Gutu North
Average land area owned (ha) 6.5 2.1 1.6 1.4
Cultivated in last year (ha) 4.4 2.1 1.5 1.0
Rented in land (%) 4.1 2.0 1.0 0.0
Rented out land (%) 2.1 2.0 4.1 3.6
Households with members with land in A1 resettlements (%) 17.1 5.0 3.1 3.6
Households with livestock in resettlement areas (%) 11 0.4 3.1 `1.8
Women’s independent control of land (%) 48 43 48 21
Gardens near home (%) 35 26 30 6
Gardens away from home (%) 1 57 36 0
Irrigated land (% of households) 2.8 0.5 10.4 0
Trees planted in last 5 years (%) 25 46 41 58
Conservation measures added in last 5 years (%) 25 21 8 25

Some managed to break away from these strictures in the past, and there were always a few communal area agricultural entrepreneurs – the hurudza – who ran large herds or farmed large fields, often through polygamous family labour. But for most, the colonial system of land use kept the reserves poor but surviving, and purposely so. Following Independence this did not change hugely. The post-independence resettlement schemes provided opportunities for a few, but most continued with patterns of circular migration to elsewhere in Zimbabwe or from some areas to South Africa, as part of a demographic cycle. With employment opportunities drying up in the 1990s this changed thanks to structural adjustment, with new patterns of land use emerging in the communal areas including some intensification (see below). Nevertheless, the basic patterns persisted within a dualistic agrarian structure, with the communal areas highly constrained.

Only with the major land reform did this change radically with the significant expansion of opportunities to gain access to land through the ‘fast-track’ land reform programme following 2000. But from our communal sites, despite there being resettlement areas nearby (which was the basis for the choice of study areas), relatively few moved from the households in our sample to the new areas. Even when they did, apart from in Mwenezi, connections between the old homes in the communal areas and the new resettlement areas have declined over time, although there still remains important exchanges of livestock, labour and food that continue. Those lucky enough to get land in the new resettlements are doing much better: having access to land, especially in the higher potential districts of Masvingo and Gutu, makes a big difference, and as our work has shown now over many years, there are opportunities for accumulation and livelihood improvement that are significantly greater than those in the communal areas.

Overall, following land reform the communal areas remained much as they did. There was of course some reduction in population density but not enough to make a big difference. The communal areas remain extremely land constrained, and this conditions the opportunities available. With low yields and limited inputs this is not enough to live from. Since the 1980s there have been loads of projects aimed to improve agricultural production and livelihoods in the communal areas, and these continue under various banners. When living in a communal area in Zvishavane district in the mid-1980s I got involved in some of these. They certainly improved things at the margins, but the historical constraints of these being ‘labour reserves’, not agricultural areas with potential, made opportunities limited. Only with land reform did opportunities increase, and then only for some. As argued in various blogs in this series, questions must be raised about these ‘development’ interventions: do they really make a difference?

Gardens and homefields: new patterns of agriculture in the communal areas

In addition to their main land holdings many people in the communal areas also have gardens. As more intensive areas of production, these have often been the focus for intervention but usually as group efforts rather than individual enterprises. Gardens can be near the home or further away near a suitable water source. Apart from Gutu North, where gardens seem to be (surprisingly) few, between 83% and 36% of households have such gardens. These tend to small, usually less than 0.1 ha, and irrigated mostly by hand, with most vegetables for home consumption (see other blogs). Most are managed by women, and such gardens are an important source of relish year round.

With the exception of Gutu North, where land is especially constrained, about 40-50% of lead women in the households have access to land in their own right. This is not necessarily because of being the household head (because a husband is deceased or they have divorced), as so-called female headed households make around a quarter of the sample, but through household level arrangements as part of the marriage bargain. In most cases, this is in relation to the allocation of certain land – including gardens – to women for sole management. Very often this involves particular crops, including groundnuts, Bambara nuts and so on.

The availability of irrigation plots depends on the proximity of a government scheme or an organised ‘group garden’. Unlike in the resettlement areas, particularly in Masvingo district, people have not invested in small-scale irrigation, but if there is a scheme some from a household may get a 0.1 ha plot. Overall the numbers are small, however, and this is not a big part of land use or production, despite these being dry areas. Irrigation schemes have long been a central pillar of investment in the communal areas, but they have tended to be focused on giving a larger number of irrigators just enough irrigated land, and this is not a driver of accumulation like the small, private initiatives in the resettlement areas, which have taken over the land along rivers, streams and around dams. Schemes are also prone to difficulties, as they are reliant on pumping equipment that often breaks down or ceases when power is not supplied. Many also resent the disciplining effects of scheme requirements, with specified rotations, crop choices and so on, under the control of an irrigation scheme extension officer.

Outside the Lowveld, there has been a shift in allocation in land in the communal areas, which has gendered implications. Very often the total land area is divided between homestead areas, often extensions of the home plot to include land around, and outfields which are the ‘traditional’ fields allocated way back in line with the Native Land Husbandry Act rules, where settlements (lines) and fields were separated in the land use plan. With more people and more land cultivated this separation has broken down and very often the outfields are seen as secondary. They are further away, more difficult to protect and require extensive production, which may not be possible because of lack of draft animals and labour. By contrast the homefields are a focus for more intensive production, using home waste, ash and labour from the home. These are often based on intensive garden production, often with hoes and hand irrigation, in small areas, and very often are the domain of women. Per hectare, productivity is much higher and from these small areas the main production is realised.

This is different to the nearby A1 resettlement areas that, in the villagised sites, have been planned in a similar way to the old ‘reserves’, with settlement separated from grazing. Here there may be small home gardens, but the main farming is done in the now cleared outfields. This is quite a different operation because of the scale, the level of inputs and the outputs expected, with different gender implications. While women are heavily involved in agricultural production, outfield farming is usually led by male heads of household, while women often focus on gardening.

Indeed, because of lack of inputs, notably labour (often because of age and infirmity) the outfields may not even be cultivated. For example, in the land-scarce area of Gutu North, on average 0.4 ha of a total of 1.4 ha, over a quarter, was left fallow across two relatively good rainfall years. In the resettlement areas there is also land left fallow, but this is usually because the land area is too big or it has not been completely cleared for ploughing by oxen or tractor.

These (relatively) new patterns of land utilisation in the communal areas, with the focus on a more garden-like form of production in the home fields, also affect the market in land rentals and sales (notionally illegal). In other parts of the country where production is more reliable because of better rainfall the emergence of ‘vernacular markets’ in land have been widely documented. You might expect that, given land scarcity, even if land exchanges are banned, these would emerge in these sites, with those able to make better use of land either buying up or renting in land.

The data show that this is not happening in the way that would be expected, as few rent out and rent in, and no one admitted to land sales. This may of course be a bias in the data, as people do not like to admit illegal activity, but based on our more qualitative research the data probably reflect the existing situation. Bottom line, as discussed in earlier blogs, people don’t have the resource to make a go of agriculture even on expanded plots, and so the demand for land, except at the margins (and usually around particular better quality patches near homesteads), is not high, and land markets are limited.

While areas are small and production limited, investment in particular areas continues. This is demonstrated by the planting of trees (mostly for fruit, sometimes for shade) and the expansion or rehabilitation of conservation measures (mostly contour ridges to reduce erosion). Tree planting, unsurprisingly, increases along the rainfall gradient from Mwenezi to Gutu North, with the most households recording planting trees where the land is most densely populated and the rainfall higher. Investment in conservation measures was noted by around a quarter of households, with the exception of Gutu West (for reasons that are not clear). This shows that there remains a commitment amongst a significant minority in sustaining production for the long term.

Tenure challenges

Investment, rental markets and so on happens despite these areas being under ‘communal tenure’. Some argue that a reform of tenure systems, and the offering of some form of private tenure will improve tenure security and increase production in the communal areas. I seriously doubt whether this will be the case. Despite this notionally being state land, these areas are held securely with usufruct rights, allocated through local institutions, usually a hybrid arrangement between local state officials (councillors etc.) and ‘traditional’ leaders (headmen, chiefs etc.), with allocation and inheritance processes mediated by close kin networks in extended household arrangements in family based villages. Through such arrangements land rentals are permitted, but sales are seriously frowned upon. This puts a brake on an acceleration of land sales and so land consolidation, although the odd corrupt local leader is not immune of course.

In the communal areas, therefore, a mix of de facto private and common property exists, which is recognised not formalised. A hybrid bricolage of informal and formal institutions supports this, which by and large serves the function of delivering land security to land holders, as well as resolving conflicts and disputes over land. It is not neat – there are no bits of paper to formalise it all – but it (mostly) works. The economists and planners who yearn for formalised systems will I fear be disappointed, as the constraint to production is nothing to do with tenure security, but due to structural constraints of finance, assets and land access. These will not be addressed by an expensive land tenure reform programme, which will, as so many places in Africa, be a wasted effort.

In the nearby A1 resettlement areas, the situation is different. There are fewer, long-standing local institutions and local kin networks to regulate land administration, and more formal systems are often required (although these are always hybrid combining resettlement committees of seven, war veterans, party officials and traditional leaders, sometimes involving the same people), to address land allocation, subdivision and inheritance, particular where there disputes. Unlike in the communal areas, where the land is being held as ‘home’, and production is limited, there are different stakes in the resettlement areas.

Here land is more extensive and valuable, and often significant levels of production are realised. Ensuring security for this is essential. For the A1 areas, this is less of a problem, but for the A2 medium-scale farms of, where finance for investment is vital, having a more formal arrangement so that land can be used as collateral, even through a lease agreement with the state, is important. For A1 areas, ‘offer letters’ or permits to occupy are issued, but their status remains unclear, especially in regard of financing.

The failure to address these land tenure issues comprehensively, but in a nuanced and differentiated manner, post-land reform has been a major policy failing, as discussed before on this blog. The priorities though must be addressing A2 leases, not communal area tenure reorganisation, where lack of land makes opportunities for development extremely limited. Communal areas still act in many respects as ‘the reserves’, but now without the labour in the wider economy. Beyond some marginal improvements, communal area livelihoods are not going to improve without an improvement in the wider economy. The focus for land-based interventions therefore must be elsewhere where the prospects are better.

This post is the third in a series of nine and was written by Ian Scoones and first appeared on Zimbabweland.

This field research was led by Felix Murimbarimba and Jacob Mahenehene. Data entry was undertaken by Tafadzwa Mavedzenge

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Ten priorities for getting agriculture moving in Zimbabwe

File 20180118 29903 19b04be.jpg?ixlib=rb 1.1

REUTERS/Siphiwe Sibeko

Agriculture is taking centre stage in plans for the revival of Zimbabwe’s ailing economy under the new leadership of Emmerson Mnangagwa.

Getting agriculture moving in Zimbabwe is a big task. The radical land reform of 2000 has left many outstanding challenges; not least the importance of compensating former farm owners. But the biggest challenge is that, with new ownership patterns, the agricultural sector has a much more diffuse base. Today there are many small to medium sized farms, rather than a few major players.

This has implications for what Mnangagwa does next. What are the top priorities for agriculture, and what can be learnt from the challenges faced since the land reform?

The research

Research we’ve done over the past 18 years provides some useful pointers. We have been tracking what has happened to land reform farms across Zimbabwe, with sites in Masvingo (in the dry south-east), in Mvurwi (north of Harare) and in Matobo (in Matabeleland). We have been looking at both smallholder production (in so-called A1 areas) and medium-scale commercial farms (so-called A2 allocations), as well as outgrower arrangements in lowveld sugar estates.

The results have been surprising. Despite the woeful lack of support, the smallholders have done reasonably well. Most are producing surpluses and reinvesting in their farms. Around two thirds have produced more food than just for subsistence in nearly all years that we’ve conducted the research. In Mvurwi, tobacco dominates, and the smallholder-led tobacco boom has brought significant investment, both on and off-farm.

For their part larger landholdings have struggled. Lack of finance capital for many has meant they have not got off the ground and some have significant areas of under-utilised land, with infrastructure in disrepair.

The exceptions are those operating under contract arrangements with estates. These farmers have done relatively well because they’ve been supported and finance has been guaranteed. New contracting and joint venture arrangements are emerging in some areas, but much more needs to be done.

Ten priorities for agricultural development

Drawing on this experience, below I suggest ten priorities for getting agriculture moving once the first tasks of paying compensation, undertaking a land audit and establishing an efficient land administration system are complete.

Land tenure

Land tenure security should be assured through issuing 99-year leases for larger land reform farms and permits for smaller farms. This should be complemented by clear regulations to avoid land concentration and to facilitate women’s access to land. This can be achieved through a multiform tenure system based on trusted, secure property relations.

Finance

Getting private bank finance flowing is essential. Bankable leases will help, as will the acceptance of a range of forms of collateral by finance institutions. State assurances and the building of trust will be key.

Partnerships

Partnerships and joint ventures will be significant for some larger farms and certain crops, where external finance and expertise are essential. Already Chinese involvement in tobacco production is proving to be important. Opening opportunities for the return of highly skilled former white farmers will be significant too. Regulations to ensure such partnerships are truly joint and involve the transfer of skills are vital.

Government loans

Government loans for agriculture are currently offered through the “command agriculture” programme. Focusing on larger farms with irrigation infrastructure, it has shown some success in the past season. But such programmes should not be abused for political ends. And it’s essential that loans are fully repaid.

Access to markets

Linking diverse producers to markets is essential. Too often smallholders get poor value for their products, but ensuring local content purchasing by supermarkets, reduced red tape and support for investment in transport infrastructure will help. Already the reduction in market transaction costs through the removal of many police roadblocks has had a massive, positive impact, as fewer bribes have to be paid.

Value addition

The country must work on developing value-added activity around the agricultural sector. Local processing and packaging would ensure employment along the value chain. And preservation, processing and selling to niche markets could offset risks, such as a glut in horticultural products.

Smart support systems

Extension advice and market support through IT applications is increasingly feasible, given growing connectivity and the wide ownership of smartphones. This means farmers can be offered more attuned and useful advice. A wholesale rethink of agricultural extension and support services is therefore required.

Irrigation

Irrigation is essential to boost production in dryland areas, especially given the increased variability in rainfall patterns due to climate change. But this should not involve expensive, large-scale schemes. Instead they should be focused on supporting farmer-led irrigation, using small pumps and pipes bought locally. External intervention should be focused on improving water use efficiency and management.

Mechanisation

Appropriate mechanisation is another priority. Again this shouldn’t be focused on the large-scale options of the past. Small-scale mechanisation, such as two-wheeled tractors and motorbike-drawn trailers may be more appropriate and affordable, and less subject to patronage, than large tractors and combines. For larger equipment, cooperative arrangements or private hire schemes could work, supported by online infrastructure and training.

Local economic development

Agricultural development needs to be seen as part of local economic development. It must be integrated into wider planning and investment frameworks at a district level, with new farms of varying sizes linked to small towns near land reform areas, where new employment and service provision opportunities open up.

The ConversationThese ten suggestions together could make a big difference, both to the economy and to farmers’ livelihoods across the country. Let’s hope that President Mnangagwa’s commitment to agricultural development is translated into action – and soon.

This is the third in a short series of articles for The Conversation. The previous two on compensation and on land administration are available here and here.

Ian Scoones, Professorial Fellow, Institute of Development Studies, University of Sussex. This article was originally published on The Conversation. Read the original article.

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Zimbabwe urgently needs a new land administration system

File 20180105 26160 1vwdvct.jpg?ixlib=rb 1.1
REUTERS/Siphiwe Sibeko

This is the second in a short series of articles produced for The Conversation on the land and agricultural development challenges for the post-Mugabe era. See the first one on compensation in last week’s post.

Zimbabwe urgently needs a new system of land administration to harness development in the agricultural sector. The country’s land use and ownership have been significantly reconfigured by the fast-track land reform programme undertaken during Robert Mugabe’s rule.

Today, following the land reform of the 2000s, Zimbabwe has an agrarian structure that’s made up of small, medium and large farms, all under different forms of land ownership. A landscape that used to be dominated by 4,500 large-scale commercial farmers is now populated by about 145,000 smallholder households, occupying 4.1 million hectares, and around 23,000 medium-scale farmers on 3.5 million hectares.

Knowing exactly who has land and where is difficult. Illegal multiple allocations combine with unclear boundary demarcations and an incomplete recording system. Many new land owners don’t have formal documentation and lack leases or permits confirming ownership. There is a great deal of uncertainty given the often haphazard, sometimes corrupt, approach to land reallocation that took place under the land reform programme.

Given that the landscape is very different to what went before, a new system of land administration is urgently needed.

Promise of change

In his inaugural speech, Zimbabwe’s new president, Emmerson Mnangagwa, declared that land reform was both necessary and irreversible, and acknowledged some big, outstanding challenges.

A new land administration system for the post-land reform era is long overdue. Paying compensation to former owners is a vital first step. This has to be combined with a comprehensive land audit to weed out those failing to produce, or those illegally holding more than one plot, alongside allocating leases and permits to those in land reform areas, and attracting investment into agriculture as the mainstay of an ailing economy.

Both compensation and audit processes will inevitably throw up disputes. A fair and transparent system for rapid resolution is required, including the establishment of an independent Land Tribunal. Alternative dispute resolution processes at a local level will hopefully avoid the dangers of the courts getting clogged with numerous cases.

An audit also has to be linked to land registration, and an effective, but low-cost, land information management system. Following registration, legal recognition and formal documentation of land ownership is essential, as land tenure security is vital for future investment.

Many forms of tenure

Some believe that the only solution is individual freehold titling, as land is otherwise seen as “dead capital”. But this is mistaken, as other forms of land tenure can offer security, spurring investment, if the institutional, legal and political context is right.

As argued in 1994 by the Rukuni Commission, a major review of tenure policy in Zimbabwe, a multi-form tenure arrangement makes most sense. In some settings, communal tenure regimes are best, allowing flexibility and broad access. In others, a simple permit system can allow registration. In others, a leasehold arrangement can offer security and collateral, while regulations can offset land concentration and assure access for certain people.

Occasionally freehold title may be appropriate if a completely free market in land is required. However, titling schemes are notoriously expensive to deliver, open up multiple disputes and are difficult to regulate to ensure more equitable ownership structures, including land ownership by women.

Financing is essential

To pay land taxes, mortgages or compensation payments, the land must be productive, and this requires finance. Finance for agriculture has been missing in recent years.

Great efforts have been made to ensure that the 99-year lease for medium-scale commercial farm land (known as A2) is bankable, and cannot be withdrawn arbitrarily. It seems that, at last, the Zimbabwe Banking Association is in agreement. This will allow the release of private bank finance, as land can be used as collateral.

For those without land leases, other types of collateral can also be used, including assets such as livestock, vehicles or buildings. Alternative sources of farm finance include commercial crop contracting, partnerships and joint ventures or government backed loans.

All these financing models have shown some promise in Zimbabwe in recent years, with crop contracting at the core of the smallholder tobacco production success story. Contracting arrangements are also extending to other crops. Joint ventures, including partnerships with Chinese investors and former commercial farmers, have also been emerging in a number of under-capitalised medium-scale farms.

“Command agriculture” – a public-private input supply scheme – has been a flagship project led by the new president and the military. It has helped to revitalise maize and wheat production, especially on larger farms with irrigation infrastructure. Questions are however raised about longer-term sustainability of such subsidised financing.​

Sustainability is key

Getting a new land administration system working is a huge task. All the elements have to work together – from audit to valuation to compensation to dispute resolution to issuing land tenure documentation to financing – and back again.

And this is not just a one-off task to resolve the current mess. Land disputes will continue, audits will need to be repeated, and new leases and permits and sources of finance secured. For this reason any new system must be sustainable, both administratively and financially, and not reliant on external donor finance. Taxes, rents and compensation repayments need to be paid back into a land fund, which in turn supports the system for the long-term.

Testing this all out at a district level before rapidly rolling it out across the country is an urgent task for Zimbabwe’s new Land Commission. Elaborating a new land administration system is long overdue. Such a system will help the country get over the post-land reform impasse, resolving outstanding land issues and getting much-needed investment flowing into the agriculture sector.

The ConversationOnly with this working well – as countries in East Asia recognised when they undertook land reforms decades ago – will the full benefits of Zimbabwe’s land reform be realised.

Ian Scoones, Professorial Fellow, Institute of Development Studies, University of Sussex

This article was originally published on The Conversation. Read the original article.

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Two speeches for ‘new era’ Zimbabwe

From http://www.zimbabwesituation.com

Over the last few weeks I have been in Zimbabwe, visiting our field research sites in Mvurwi, Matobo and Masvingo. It has been an exciting period, with fast-moving developments. The euphoria of November has given way to the realism of December, and with this some emerging sense of what the ‘new era’ might bring.

Two speeches have dominated the news – first the inauguration speech by President Mnangagwa and, second, the budget speech last week by reinstalled finance minister, Patrick Chinamasa. Of course actions must follow words, but overall I find the tenor and content broadly positive, and I remain cautiously optimistic that a corner has been turned.  In this blog, I will offer some excerpts from and comments on both, focusing only on land and agriculture issues.

The inauguration speech was well crafted, aimed to send messages to different audiences from each paragraph. Following a respectful acknowledgement of the former president Robert Mugabe, he rejected the sanctions imposed on the country, creating a ‘pariah state’. He argued for letting ‘bygones be bygones’ and for the need for everyone to accept the historical realities and politics of the country, particularly in relation to land reform. Land – and the irreversibility of land reform, but the importance of investment and effective utilisation – was emphasised right up front in the speech in the following important passage:

“…given our historical realities, we wish the rest of the world to understand and appreciate that policies and programmes related to land reform were inevitable. Whilst there is a lot we may need to do by way of outcomes, the principle of repossessing our land cannot be challenged or reversed. Dispossession of our ancestral land was the fundamental reason for waging the liberation struggle. It would be a betrayal of the brave men and women who sacrificed their lives in our liberation struggle if we were to reverse the gains we have made in reclaiming our land. Therefore, I exhort beneficiaries of the Land Reform Programme to show their deservedness by demonstrating commitment to the utilisation of the land now available to them for national food security and for the recovery of our economy. They must take advantage of programmes that my Government shall continue to avail to ensure that all land is utilized optimally. To that end, my Government will capacitate the Land Commission so that the commission is seized with all outstanding issues related to land redistribution”.

The following comment on compensation was the one that was picked up by the international press. It of course represented no shift in position, as compensation for ‘improvements’ on the land (but not for the land itself) has long been accepted, although payments have been extremely slow:

“My Government is committed to compensating those farmers from whom land was taken, in terms of the laws of the land. As we go into the future, complex issues of land tenure will have to be addressed both urgently and definitely, in order to ensure finality and closure to the ownership and management of this key resource, which is central to national stability and to sustained economic recovery. We dare not prevaricate on this key issue.”

Reference to the ‘laws of the land’ clearly relates to the Constitution, which as an all-party agreement confirmed this policy position. What was different in this speech was the tone, and the public commitment. While policies may have not changed, the PR machine and sense of urgency clearly has. This is excellent news, given that compensation has long been a major outstanding issue, preventing closure on the land reform, and resulting in on-going sanctions being applied around still ‘contested land’.

While the inauguration speech was inevitably thin on detail, more was offered in the budget statement last week. Chapter 7 focused on ‘support for agriculture’, with the budget rather optimistically expecting the sector to grow by 15.9% on the back of a really good season. Re-emphasising the importance of agriculture in the President’s inauguration speech as the ‘mainstay’ of the economy, issues of land utilisation, land tenure and boosting production were emphasised.

Chinamasa’s statement summarised the challenges of ‘new farmers’ thus, “On average, the new farmer had been encountering constraints which became a hindrance to full productive utilisation of the land, bordering around capacity, resources, and elements of insecurity over tenure. The result was much idle farmland, and unaccountability on the part of the farmer with regard to use of acquired land holdings for farming in support of domestic food security, supply of agro-inputs and exports”.

A number of remedies were offered:

On land tenure: “To give confidence to beneficiaries that their occupancy is guaranteed, and cannot be withdrawn willy-nilly, through the indiscipline of either youths, political leaders, traditional leaders or senior officials, Government is undertaking to institute measures to strengthen the legal standing of Offer Letters and 99 Year Leases. This enables the much needed farm investments, improved utilisation of land and, therefore, production”. This is good news, and also a relief that the lease/permit option remains preferred over a mad titling spree advocated by some. The budget emphasised the need to speed up farm valuations and surveys, so that the issuing of leases can be speeded up, supported by the Surveyor General (and drones!).

On land audits and under-utilised land: Through the process of land auditing “issues of multi-farm ownership, idle land and under-utilisation of land are going to be identified. Idle land represents dead capital and promotes speculative tendencies, if not checked on the part of the land holders. As a result, the economy loses on optimal agricultural production”. The Zimbabwe Land Commission is charged with this responsibility, and the budget speech urged the long-awaited audit to move forward.

On Command Agriculture: “The thrust is on full, efficient and sustainable utilisation of allocated land, for increased investment on the land and production”. The role of ‘anchor companies’ (such as Sakunda) as part of a strategic public-private partnership is emphasised,. Such companies provide “access to capital and markets, sharing of best practices, farming knowledge and transfer of expertise, mutually beneficial to both parties. More specifically, the identified anchor companies have the critical roles of providing access to capital, training the small scale farmers and coordinating marketing, including exporting”. Interestingly, Command Agriculture is seen as a “transitional inception intervention”. There is a recognition that, pending allocation of leases and the release of private finance (especially for the A2 farms), collaborative financing models, involving the state and the private sector are needed. “In the interim, the new farmer would need to be incubated as they learn the ropes and overcome learning-by-doing inefficiencies that entail yields lower than would obtain with best practices, making a case for transitional producer prices higher than import parity levels.” As discussed in an earlier blog, a key issue is how long – and how politically necessary – such an ‘interim’ phase is required, as the cost of defaults and $390 per tonne of maize is huge.

On ‘leakages’ and abuse: An extended section of the speech focused on leakages in the Command Agriculture and Presidential Inputs Scheme, recognising the problems of corruption that have been widely reported. A decentralised electronic data management is proposed, along with the capacitation of Agritex offices and ‘command centres’. Investigations of abuse are promised, whereby “culprits will be quickly brought to book”. Clearly Command Agriculture is a high-profile plank of economic policy for the ‘new era’ (at least for now) – extending from maize and wheat to include soy beans and livestock in the coming season. In line with the wider rhetoric around stamping out corruption, military discipline and well-designed logistics operation will be applied it seems, with Air Marshall Perence Shiri firmly in charge.

On loan repayments: The budget speech highlighted (in the context of course of a very good rainfall season) the loan repayment pattern of Command Agriculture. For maize, “loan recoveries are running at 66%, with the Command Agriculture Revolving Fund registering repayment receipts of US$47.4 million in loan recoveries from farmers. This is against an anticipated repayment target of US$72 million. Out of the 50 000 farmers contracted to produce maize under Command Agriculture, 33% fully paid their loan obligations, with 22% having partially paid their obligations, while recoveries others are being made as they deliver to GMB.” A broadly similar pattern is reported for wheat. Let’s see what the final figures are once all crops are delivered, but for a state loan scheme such returns are not bad, although clearly could be improved, with over 10,000 farmers not having paid anything by 23 November. To that end: “To encourage our farmers to continue paying back their debt obligations, all fully paid farmers are being prioritised in accessing inputs under the 2017/18 Command Agriculture programme.” This sort of financial discipline is encouraging, and is certainly reflected in conversations I had with a number of A2 farmer beneficiaries of the scheme who are committed to repayments, and are actively being chased for them, despite their apparent status or political connections.

On private finance: With Command Agriculture presented as temporary, what alternatives are suggested? “As we move forward, private sector and commercial bank finance will be required to fully take up its rightful role of adequately underpinning agriculture, particularly, A2 commercial farmers”. For this, the A2 99 year lease is seen as crucial, although continued politicking around this continues. For smallholders, contract farming arrangements are highlighted.

On compensation: Not much detail was offered here, other than a recommitment to paying compensation in line with the Constitution. The statement indicated monies were to be set aside, both for normal compensation and for those areas appropriated that were under bilateral investment treaties. The amounts were however not specified; clearly there is hope that donor support and debt rescheduling will help.

In sum, the policy directions proposed by both speeches are certainly on the right track. The opposition complained that their ideas had been stolen, highlighting a converging consensus on many policy issues. The challenge will be to make the grand ambitions happen, so far with extremely limited resources; although of course with the hope of new injections of donor funds and lines of credit. Central to the challenge for land and agriculture will be to combine all elements in a new, effective land administration and financing/support system. The new minister of Lands, Agriculture and Rural Resettlement and his team, as well as the independent land commission, all have their work cut out. Hopefully some of the ideas shared in this blog and from our research over the years will help in charting a way forward.

This post was written by Ian Scoones and first appeared on Zimbabweland

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Why title deeds aren’t the solution to land tenure problems

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An excellent new book is out in South Africa, focusing on titling and tenure. A big issue for policy in Zimbabwe. It’s called Untitled. Securing land tenure in urban and rural South Africa, published by UKZN Press and edited by Donna Hornby, Rosalie Kingwill, Lauren Royston and Ben Cousins. It’s well worth a read. While based on South Africa, where the obsession with freehold title is an article of faith, it has many resonances for Zimbabwe, and beyond. 

As I have argued many times before on this blog, a focus on titling is often not the best route to ensuring security of tenure. The obsession with freehold title is repeated endlessly. As Zimbabwe contemplates new policy directions temptations to get involved in mass titling programmes must be resisted. This book is therefore essential reading. It argues for ‘legal recognition of rights within what they call ‘social tenures’. In this article reposted from The Conversation, Ben Cousins, from PLAAS at the University of the Western Cape, explains: 

The conventional view is that insecurity of land tenure results from the lack of a registered title deed which records the property rights of occupants of land or housing. Across Africa, many governments and international development agencies are promoting large-scale land titling as the solution.

In the South African context, some commentators suggest that a key legacy of the apartheid past is the continued tenure insecurity of the third of the population who live in “communal areas”, under unelected chiefs or of traditional councils. The remedy, they suggest, is simple: extend the system of title deeds to all South Africans.

We have just published a book which disputes this view. Untitled. Securing land tenure in urban and rural South Africa contains case studies of a wide range of land tenure systems found in different parts of the country. These include informal settlements, inner city buildings in Johannesburg, “deep rural” communal systems, land reform projects, and examples of systems of freehold rights held by black South Africans since the 19th century.

With the exception of systems of freehold rights, most people who occupy land or dwellings in these areas are “untitled”, and occupy land or dwellings under a very different kind of property regime. We term these social or off-register tenures.

But we argue that, fundamentally, South Africans need to question the assumption that the sole solution to the problem of tenure insecurity is a system of title deeds. Alternative approaches are needed, which we set out to explore.

Social tenures

The book offers an analysis of social tenures, which are regulated by a different logic and set of norms than those underpinning private property. Such tenures are diverse but share some key features. As is the case across the developing world, including Africa, land tenure is directly embedded in social identities and relations.

Rights are often shared and overlapping in character and generally derive from accepted membership of a community or kinship group. Processes of land allocation and dispute resolution are overseen by local institutional structures.

In these contexts, decisions are often informed by norms and values that stress the importance of reciprocal social relationships rather than buying power as the basis for land allocation. They involve flexible processes of asserting, negotiating and defending land rights, rather than the enforcement of legally defined rules.

It’s estimated that in 2011 some 1.5 million people lived in low-cost dwellings provided to the poor by government’s, so-called “Reconstruction and Development Programme” (RDP) houses, with inaccurate or outdated titles, in most cases due to transfers outside of the formal system.

Another 5 million lived in RDP houses where no titles had yet been issued due to systemic inefficiencies. Along with 1.9 million people in backyard shacks, 2 million on commercial farms, and 17 million in communal areas, this means that in that year around 30 million people, nearly 60% of all South Africans, lived on land or in dwellings held outside of the land titling system.

RDP housing. Flickr

The edifice of title deeds

The book contrasts social tenures with the conventional system of title deeds, which constitutes a key element of an imposing “edifice”. The current system of rates, services and processes of development assumes that land tenure equals a surveyed plot with a singular registered owner, which may be persons or corporate bodies.

The system is serviced by a Deeds Registry, private sector surveyors and conveyancers, as well as municipal officials, all governed by a range of laws and regulations in a complex and interlocking manner.

One key problem facing those in social tenures is the discrimination they suffer at the hands of the state and the private sector. Despite some protection under laws such as the Interim Protection of Informal Land Rights Act of 1996, people living in social tenures are severely disadvantaged. They may have to go to court to have their rights legally enforced, but most cannot afford to do so.

Development and land use planning, public investment and service delivery are constrained under these systems of tenure. Elite capture or abuse by unaccountable leaders can also take place, as in communal areas where minerals are found and chiefs and councils enter into business deals with mining companies that benefit only a few.

Titling enthusiasts argue that another problem with social tenures is the fact that banks do not accept untitled land or dwellings as security for bank loans. This constrains the poor from borrowing capital to invest in businesses of their own. But research indicates that few of the poor are willing to risk their homes in this way, since small enterprises often fail.

Tenure reform policy options

How then to proceed with pro-poor tenure reform? Our research indicates that it is not realistic to extend land titling to all; the system may be at breaking point, and is inadequate even for the emerging middle class.

Another option is to adapt elements of the edifice to provide a degree of official and legal recognition of rights within social tenures. Lawyers and planners working with communities and officials have developed a range of innovative practices, concepts and instruments aimed at securing such rights in an incremental manner. This includes special land use zones, recognising occupation rights in informal settlements, and recording rights using locally accepted forms of evidence.

A third option is a more radical overhaul of land tenure, leading to systematic recognition of and large scale support for social tenures. This would involve stronger laws protecting rights holders, an adjudication system that allows new forms of evidence to be considered in determining who holds rights, and new institutions for negotiating, recording and registering rights under social tenures. The system could include the office of a Land Rights Protector.

We believe that these alternatives all pose their own challenges. But we also believe that pursuing alternatives to a system of title deeds is not an impossible task.

The ConversationThis article was originally published on The Conversation. Read the original article.

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