The High Court has ruled that rural district councils have no authority to sell communal land, nullifying a recent sale involving a family trust and the Buhera Rural District Council.
The ruling highlights the illegal practices by some local authorities who have been leasing and selling communal, traditional, and grazing lands, violating the Communal Land Act, the Rural District Councils Act, and the Traditional Leaders Act. These sales have often taken place despite multiple warnings from the government against such unauthorized transactions.
The case at the center of this ruling involved a 40-hectare piece of land in Madzivanyika Village, Buhera. The disputed land included homesteads for more than 35 villagers on one side and grazing lands and communal fields on the other. The High Court’s decision effectively protects these villagers from losing their homes and farmland.
This ruling comes at a critical time as the government has repeatedly cautioned village heads and other local authorities who have been illegally allocating and selling state land in peri-urban areas. The decision serves as a reminder that communal lands, which are integral to the livelihoods of many rural communities, cannot be sold or leased without following the legal framework established by the state.
The High Court’s decision underscores the importance of adhering to laws governing communal land and sends a clear message that the sale of such land by unauthorized bodies will not be tolerated.
