‘Land for servitudes and communal lands cannot be sold’

CONSTRUCTION of permanent structures or selling or giving title to a lease holder on servitudes and other undesignated pieces of land under local authorities will now result in the Government taking back the land, a new blueprint on the governance of councils reveals.

Some of the servitudes were reserved for roads expansion but have since been corruptly occupied, contributing immensely to traffic congestion, especially in metropolitan provinces.

Further, the Government has directed that all local authorities must with immediate effect, cease the selling of communal and agricultural land and has premised against these unplanned peri-urban settlements common around towns and cities done outside the law.

This is contained in a local authorities blueprint launched by President Mnangagwa last Wednesday: “A call to action-no compromise to service delivery: First stage of interventions to modernise the operations of local authorities towards a 2030 Vision.”

The blueprint, prepared by the Ministry of Local Government and Public Works, notes in most cases, leases are issued by local authorities purportedly for temporary occupation, yet later, they are converted to permanent status with full title.

“Local authorities should include in their lease agreements for such servitudes the clauses that no permanent structures must be erected, that there shall be no option to sell or give title to a lease holder. And Government can or may take back the land as and when required,” reads the document.

Leased spaces are not supposed to have buildings, but only temporary structures.

In the blueprint, the Government also noted with concern reports of some local authorities that are leasing and selling traditional, communal, and grazing lands in breach of provisions of the Communal Land Act, the Rural District Councils Act and the Traditional Leaders Act.

It said this practice is rampant in peri-urban areas close to major towns and cities where dysfunctional and informal settlements have emerged without the basic municipal services and at the expense of arable and grazing land.

“Government directs that all local authorities should cease forthwith to sell communal and agricultural land. All settlements in communal and peri-urban land should be per the provisions of the relevant laws and authority.

“Government will take necessary action where settlements are done outside the law,” reads the document.

Government has on countless times also warned village heads who are also allocating and selling pieces of State land in peri-urban areas.