Mugabe, from Constitutionalism to Radicalism

Understanding the Changing Phases of Robert Mugabe’s Land Reforms

May 11, 2009

Land reforms have gone through three distinct phases in Zimbabwe since 1980. These include the Constitutional, Transitional and the Radical phases.

When Robert Mugabe took power in 1980, the biggest challenge awaiting him was the wide gap in land ownership between whites and blacks. He started by enacting laws to meet the government’s goal of reclaiming as much land as possible from whites and redistributing them to blacks. This reclamation resembled land sequestration in that both were preceded and sanctioned by law.

Land reclamation in Zimbabwe went through three distinct phases. The first phase was the Constitutional phase which ran from 1980 to 1990. The second phase was the Transitional phase and it ran from 1990 to 1997. The last stage began in 1997 and there are signs that land seizures are still going on in Zimbabwe. It is an issue hotly contested by the government and opposition.

The Constitutional Phase 1980-1990

The dominant theme in this period of land reforms was the “willing-seller, willing-buyer” clause of the Lancaster Constitution. This period also witnessed international cooperation in the land reform program. Britain assisted in setting up the Zimbabwe Conference on Reconstruction and Development in March 1981. At this conference £6.30 million was pledged to assist in land reforms.

The government also took steps to enact laws aimed at facilitating the reclamation process in a peaceful way. These laws were drawn within the limits of the Lancaster Constitution which was supposed to run for ten uninterrupted years – 1980 to 1990. The Communal Land Act of 1981 for example, shifted land authority from traditional rulers to local authorities. In 1985, the Land Acquisition Act gave the government the first right to purchase excess land for redistribution.

As the government grappled with the problem of resettling a large number of landless blacks, it came across many difficulties. The resultant failures left it with heavy pressure from the landless population. The first of these problems was the restriction placed by the “willing-seller, willing buyer” clause of Lancaster. The second was the shortage of funds. The government therefore resolved to remove these barriers. This marked the entry into the Transitional Phase.

The Transitional Phase 1990-1997

This phase of land reforms saw a gradual drift from the Lancaster Constitution. It also saw a significant increase in opposition to land reforms especially from land owners. It began with a constitutional amendment in 1990 which allowed for the purchase of land at government set prices without right of appeal. This was followed in 1992 by the promulgation of the Land Acquisition Act (of 1985) into law. It aimed principally at removing the “willing-seller, willing-buyer” barrier.

As a follow up of the 1992 Land Acquisition Act, the government in 1997 published a list of 1,471 farms it intended to buy compulsorily for redistribution. By this Act, land owners were given 30 days to submit written objections. As he drifted towards forceful land seizures, Mugabe faced protests from the law courts which insisted that the bureaucratic process of acquiring land had been bridged. He therefore took steps to replace defiant court judges with loyal ones.

As Mugabe showed signs of radicalism, Britain gradually withdrew aid and accused him of giving the land to his cronies. 1997 marked the end of British financial assistance to Mugabe’s reform program. On his part, Mugabe accused the British government of reneging on its promises made at Lancaster. The result was unbridled radicalism in land seizures.

The Radical Phase 1997 - ?

At was at this phase that Zimbabwe came to front page of international news because of land seizures. Opposition to these reforms also gathered steam, sending Mugabe even more furious. The birth of an opposition MDC – Movement for Democratic Change party in 1999 was not a good sign for Mugabe who had never been tolerant any form of opposition. In 2000, land-hungry blacks searching for land and seeking revenge, answered Mugabe’s call to land invasions.

Zimbabwe entered the 21st century with a series of economic woes provoked by droughts, high oil prices for imported oil, a high defense budget and declining world trade. In 2001, finance minister Simba Makoni publicly acknowledged economic crisis saying that foreign reserves had run out and he warned of serious food shortages. Meanwhile, Mugabe consolidated his power by winning the presidential elections of 2002. Thenceforth, the story of Zimbabwe became a tale of brutal land seizures.

With a firm grip on power, and with the support of a predominantly ZANU-PF parliament, Mugabe signed a constitutional amendment into law in September 2005. This amendment nationalized Zimbabwe’s farmlands and deprived farm owners of the right to challenge the government’s decision to expropriate these lands.

It is difficult to tell when land seizures will end in Zimbabwe as long as Mugabe lives. For now, what has not escaped the eyes of the world is the suffering of ordinary Zimbabweans as a result of the tussle between Mugabe and the West.

Patel, Hasu H and H.H.H Bila. “The last becomes the first. The transfer of power in Zimbabwe” in Prosser Gifford and Roger Louis (eds) Decolonization and African Independence the Transfer of power, 1980.

Fowale, Tongkeh Joseph. “The Politics of Land Reforms in Zimbabwe 1980-2005: International Responses” 2007.

The copyright of the article Mugabe, from Constitutionalism to Radicalism in Modern African History is owned by Tongkeh Joseph Fowale. Permission to republish Mugabe, from Constitutionalism to Radicalism in print or online must be granted by the author in writing.