Zimbabwe: MACRAD Fights Chilonga Evictions SI 50 2021

• Approximately 12,000 Chilonga villagers face eviction from 13,000 hectares of ancestral land in Zimbabwe under Statutory Instrument 50 of 2021.
• The evictions are intended to clear land for a lucerne grass project, prompting advocacy from the Matabeleland Centre for Rural Development Trust (MACRAD).
• MACRAD reports that the state has responded with brute force against villagers, civil society, and traditional leaders resisting the displacement.
• The organization emphasizes the need for Free, Prior and Informed Consent (FPIC) for communities affected by development projects and calls for stronger land rights protection across the SADC region.
• MACRAD advocates for a 'people over profit' approach, urging SADC states to ensure development is grounded in human rights, transparency, and fair benefit-sharing.

Lawyers advising on such projects should be acutely aware of the legal and social complexities surrounding these evictions, particularly concerning the rights of indigenous communities and the principle of Free, Prior and Informed Consent (FPIC).

The Matabeleland Centre for Rural Development Trust (MACRAD) is actively campaigning for the land and property rights of the Chilonga people, a predominantly Shangani community in Zimbabwe. These villagers are currently confronting the prospect of eviction from their ancestral lands to facilitate a large-scale lucerne grass cultivation project. This situation is part of a broader pattern of ongoing and impending displacements affecting rural communities across the country.

Specifically, the government of Zimbabwe, through Statutory Instrument 50 of 2021, issued an order for approximately 12,000 Chilonga villagers residing in the lowveld region to vacate 13,000 hectares of their land. This directive is intended to clear the way for the aforementioned grass farming initiative. MACRAD has been instrumental in mobilizing local residents against these evictions, a stance that has reportedly met with a forceful response from the state, with ordinary villagers, civil society leaders, and traditional leaders allegedly being targeted.

The original legal foundation for the proposed displacement of the Chilonga people was Statutory Instrument 50 of 2021, which has since been repealed and replaced by Statutory Instrument 72A of 2021. This instrument has become a focal point of contention, highlighting significant challenges to indigenous communities' land rights in Zimbabwe. The ongoing Chilonga land dispute, initially stemming from Statutory Instrument 50 of 2021 (which was later repealed and replaced by Statutory Instrument 72A of 2021), underscores the critical need for robust due diligence on community engagement and human rights in any land acquisition or development project within the nation.

Lawyers advising on such projects should be acutely aware of the legal and social complexities surrounding these evictions, particularly concerning the rights of indigenous communities and the principle of Free, Prior and Informed Consent (FPIC). The case illustrates potential compliance risks for investors, emphasizing that development initiatives must not undermine the secure and equitable rights communities hold over their land and property, nor should they disregard their voices in decisions that profoundly affect their lives.

In August, MACRAD joined other organizations in signing a petition addressed to the Heads of States of the Southern African Development Community (SADC). A key demand within this petition was the imperative to safeguard land and property rights across the entire SADC region. MACRAD has also expressed its full support for the 2026 SADC People’s Summit Communiqué, which advocates for a people-centred approach to regional development.

Consistent with its mission, MACRAD specifically advocates for enhanced protection of land and property rights for minority and vulnerable communities. This advocacy is particularly aimed at preventing arbitrary evictions and displacement, which often occur under the guise of mining, industrialization, and broader development projects. The organization firmly asserts that development should never compromise people's fundamental rights, livelihoods, or dignity.

MACRAD champions the principle of 'people over profit,' advocating that economic gains should not supersede human well-being. The organization stresses that multinational and extractive companies must not be permitted to acquire or exploit community land without securing meaningful participation and the Free, Prior and Informed Consent (FPIC) of the affected communities. This principle is crucial for ensuring ethical and sustainable development practices across Africa.

Furthermore, MACRAD urges SADC Member States to ensure that all mining and industrialization efforts are firmly rooted in human rights, transparency, accountability, fair benefit-sharing, and environmental protection. The overarching goal of regional development, as articulated by the organization, should be to genuinely improve the lives of ordinary citizens, rather than exacerbating displacement, inequality, and dispossession.

Lawyers advising on land acquisition or development projects in Zimbabwe should note the ongoing legal and social challenges to evictions under Statutory Instrument 50 of 2021, particularly regarding indigenous communities' land rights and the principle of Free, Prior and Informed Consent (FPIC). This case highlights significant compliance risks for investors and the need for robust due diligence on community engagement and human rights.

Source: Original reporting via MACRAD statement