By Allan Cain, Development Workshop Angola

* This article was originally published as part of the online discussion on customary law in Southern Africa

The debate about compensation of former white farmers in Zimbabwe continues to rage. The compensation agreement signed in July agreed a total amount of US$3.5 billion to pay for ‘improvements’ to the land that was expropriated. After 20 years of discussion, this was a major step forward. However, there seem to be multiple positions on the agreement and little consensus, along with much misunderstanding. However, some things are happening, and a joint resource mobilisation committee has been established with technical support from the World Bank and others.

The failure to secure the property rights of rural communities shows a clear policy gap between citizens and rights to land as per the Constitution and the attitude and practices of the state, traditional leaders, white farmers and mining companies in relation to such rights. 

Absent from the discourse spurred by the motion passed in the National Assembly on 27 February is what could be achieved in the interim for land reform programme using existing legislation while the country awaits a verdict on the constitutional amendment to determine whether is possible to expropriate land w