Chilonga Case Summary and Update

MACRAD has published an informative summary and update on the Chilonga evictions. Read on to be informed!

The High Court of Zimbabwe sitting at Harare on 5/01/22 dismissed an application to have the provisions of sections 4 and 6(1)(b) Communal Land Act, Chapter 20:04 declared unconstitutional. The case had been taken to court by three members of the Hlengwe Xangani community, an ethnic group in Zimbabwe commonly known as the Chilonga Community. The case was reported as Livison Chikutu and 2 Ors v Minister of Lands and Ors HH 02/22.

Background

Between February and March 2021, the Government issued a series of Statutory Instruments, the main object of which was to set aside a tract of Communal land measuring 12940 for the purpose of establishing an irrigation scheme in Chiredzi District. The land in question has been inhabited by the Hlengwe Xangani (Chilonga) Community since way before 1890.The impact of the Statutory Instruments is that some sections of the Chilonga Community might be affected to the extent that they face eviction to pave way for the proposed irrigation project.

The said Statutory Instruments were made in terms of the Communal Land Act. Section 4 of the later vests all Communal land in the President. Section 6 of the same Act empowers the President to make additions or subtractions from any communal land.

Read the full publication here (8MB PDF)

Source: MACRAD

 

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