Harare – The spectre of Operation Murambatsvina hangs heavy over Harare as the city council prepares for a fresh wave of demolitions targeting illegal settlements. Over 20 court judgments authorising the demolition of structures built on illegally occupied land have been obtained by the council, raising fears of widespread displacement and echoing the controversial 2005 operation under former President Robert Mugabe.
The scale of the impending demolitions is significant. Thousands of families face homelessness as the council gears up to remove housing structures built on land acquired through unregulated sales by so-called “land barons.” These individuals, many with alleged links to the ruling Zanu-PF party, are exploiting a legal loophole that lacks specific legislation criminalising land theft. Currently, they are only charged with fraud, theft, or trespass.
Harare Mayor Jacob Mafume confirmed the council’s intention to proceed with the demolitions.
“As the city of Harare we have obtained a number of court orders all over town. We have over 20 judgments against many settlements, but we have not been able to implement them because of the fact that it would require a whole government to come up with a way forward in relation to these illegal settlements. Where we have taken an upper hand is in the low density areas, there is no reason for people to invade low density area but other informal settlements we are waiting for guidance from the central government,” Mafume told Truth Diggers, an investigative unit of Alpha Media Holdings.
Mafume’s statement highlights the complex challenge facing the council. While possessing legal authority to demolish the structures, the sheer scale of the problem necessitates a coordinated government response. He stressed the need for stronger legislation to tackle land theft effectively.
“There is no specific law that criminalises these people. These land barons are only charged with fraud, theft and trespass and so on. We need a statutory instrument either from the presidential powers that amends the criminal code or Parliament itself must come up with a law that criminalises land barons and confiscates the gains that they would have made from land baronism. (The Zimbabwe Revenue Authority) should also play its part to go after these informal people. We need a specialised crime against land barons that criminalises this behaviour. We are going to ask the central government to assist us in formulating heavy criminal laws to deal with this issue of land barons,” Mafume explained.
The current situation mirrors the devastating impact of Operation Murambatsvina in 2005, which displaced an estimated 700,000 people in Harare alone, with the UN suggesting a national impact of up to 2.4 million. Critics at the time alleged that the operation targeted urban populations who traditionally supported the opposition Movement for Democratic Change (MDC) led by the late Morgan Tsvangirai. The upcoming demolitions risk repeating this history, raising concerns about potential human rights violations and the displacement of vulnerable populations.
The land barons themselves are operating within a legal vacuum. They acquire land in disputed or unregulated areas, subdivide it illegally, and sell it to desperate home-seekers. These individuals, often unaware of the legal complexities, invest their life savings, only to find their homes demolished. The courts have consistently ruled against these home-seekers, declaring their occupation of land illegal.
The council currently issues 48-hour notices before demolition, allowing residents time to challenge the action in court. However, this timeframe is often insufficient for legal processes, leaving many residents with little recourse.
Mayor Mafume acknowledged the plight of innocent victims, urging them to follow proper channels for land acquisition.
“We empathise with innocent people who are being duped by land barons. We urge them to follow proper channels to acquire land. We advise people to verify papers, get approved plans and avoid being caught up in the mess. Most of the time it’s politically connected land barons who grab the land. They then sell to unsuspecting public who do not know the procedures. If it’s low density land it’s better to buy land with title deeds. And also to follow council processes like plan approvals and inspections,” he said.
Last month, police arrested at least 184 land barons for misleading home-seekers into building on state-owned, wetland, and grazing land. This action, while addressing the issue of illegal settlements, does not fully resolve the underlying legal and social issues contributing to the problem.
The story of Keagan Nicol, whose house was demolished in Belvedere despite claiming to have followed all due processes, including consulting the council and paying for title deeds, illustrates the vulnerability of those caught in this complex situation.
