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Detailed legal scrutiny has revealed that the USD 3.5 billion compensation agreement between the Zimbabwean government and the group of white farmers, whose lands were expropriated as part of a contentious reform program, lacks the legitimacy of parliamentary approval. This opinion was made explicit in a confidential legal document from the Commercial Farmers Union (CFU) and was further emphasized by legal expert Daniel Tivadar.
Detailed legal scrutiny has revealed that the USD 3.5 billion compensation agreement between the Zimbabwean government and the group of white farmers, whose lands were expropriated as part of a contentious reform program, lacks the legitimacy of parliamentary approval. This opinion was made explicit in a confidential legal document from the Commercial Farmers Union (CFU) and was further emphasized by legal expert Daniel Tivadar. The Global Compensation Deed settled in July 2020, was designed to compensate the white farmers for improvements carried out on the lands from which they were forcibly evicted. The controversial land reform program, implemented under the late former president Robert Mugabe’s government, involved the violent displacements of approximately 4,500 white farmers. The seized lands were then redistributed to nearly 300,000 landless black families.
According to legal experts, the deal is ‘invalid’ due to its lack of parliamentary authorization. The Zimbabwean government’s failure to adhere to the agreed payment schedule has not only raised doubts about the legality of the deal but also prompted a stringent legal review. This review flagged the deal as not being compliant with the constitution, given the absence of necessary parliamentary approval. Despite these findings, there are no indications that the white farmers are planning to challenge or reverse the agreement.
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The government has consistently maintained that the agreement is ‘above board’, despite the Ministry of Finance refraining from responding to queries. Tivadar further underlined that the government’s failure to make the scheduled payments does not invalidate the agreement, provided no default notice has been issued. For the compensation process to advance within the bounds of legality, legislation is required, and the government has confirmed plans to legislate once funding is secured. However, as of now, no such legislation has been passed.
