By Lloyd Takawira
Analysts and human rights activists have condemned government uncertainty over the planned displacement of the people of Chilonga from their ancestral which land has been roundly condemned after it issued a new SI purportedly repealing SI50.
The new Statutory Instrument (SI) which repeals Statutory Instrument 50 of 2021 which had legalized the eviction of Chilonga people from their ancestral lands in Chiredzi has no binding locus-standi to out rightly protect the people of Chilonga .
The new SI 72A of 2021 which was issued by Local government minister July Moyo set aside SI 50.
“1.The area of land described hereunder in terms of the Schedule shall be set aside with effect from the date of publication of this notice for the purpose of establishing an irrigation scheme.
2. The Communal Land (Setting Aside Land) (Chiredzi) Notice, 2021, published in Statutory Instrument 50 of 2021, is repealed”.Reads SI 72A in part:
Commenting on the new development journalist cum human rights activist Hopewell Chin’ono said that the setting aside of SI50 while it does not wholly guarantee the safety of the people of Chilonga shows that collective efforts in fighting injustice is paying as the government is slowly giving in.
Chin’ono wrote on his Facebook page ,”The Government of Zimbabwe has reversed its decision to remove the Chilonga community from their ancestral land for Dendairy. It shows the power of pushing back against tyrannical and UNJUST decisions, and the importance of a proactive opposition party after MDCA got involved instead of being bystanders as they sometimes do! Kana tichiti taurai, this is what we will be hoping to achieve!..”
He said despite SI72A , there is still need to repeal SI51
“… land was taken in terms of SI 51 of 2021.That has not been repealed yet. So Chilonga land still needs to be returned.The Government must repeal SI 51 that was made in terms of section 6(1)b of the Communal Land Act. So the story is not over yet. This repeal relates only to usage! But the taking away of the land which was done by Mnangagwa in Statutory Instrument51 has not been repealed!” wrote Chin’ono on Facebook
Chin’ono further said that without repealing SI51 the people of Chilonga will still loose their land.
“So the people of Chilonga are still going to lose their land unless Statutory Instrument 51 is also repealed”.
Commenting on the matter outspoken MDC Alliance Vice President, Tendai Biti who is also a law expert said that SI72A is of no effect as long as SI51 that sanctioned the annexation of land by the state is not repealed.
“Land was taken away in terms of SI 51 of 2021. That has not been repealed. So nothing has changed,”Biti said.
Constitutional law expert Dr Alex Magaisa writing in his “BigSaturdayRead” said that what needs to be lobbied for is the unconstitutional provisions in the Communal Lands Act.
“…there are still unconstitutional provisions in the Communal Lands Act and as long as it remains in its current state, people who live there (Chilonga) are vulnerable to the President’s whims. The constitutionality of that law should still be challenged,” he said.
The government of Zimbabwe is planning to evict people of Chilonga to pave way for the production of lucerne grass project by Dendairy however the planned evictions have attracted a flurry of public out cry.
Rights activists are arguing that the government was violating domestic and international human rights laws.
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