Land, Conflict, and the Economy

Abstract

Abstract Constitutionalism, the protection of human rights, and the observance of the rule of law are some of the key necessities for economic development in any country. With this realization in mind, the independence government of Zimbabwe put in place successive laws and constitutional provisions to ensure that the long-standing colonial land dispute between the black majority and the white settlers would be addressed within the ambit of the law and the Constitution after independence. However, the slow pace of land reform during the first twenty years of independence led to an implosion that caused farm invasions and the subsequent decision by government to implement the land reform programme outside the law and constitutional provisions. This in turn led to economic subsidence with which the country is still grappling more than two decades after the fast-track land reform programme. This chapter argues that whilst constitutionalism, human rights, and the rule of law are important for economic development, the law and the constitution must align with the principles of fairness, equity, and justice in order to be embraced by all citizens. In the case of the land issue in Zimbabwe, a legal and constitutional framework that failed to address colonial land dispossession and racially skewed landownership patterns at independence was bound to fail. Given that the land issue in Zimbabwe remains unresolved, it is important that the international community recognize this reality and, together with Zimbabweans, embrace a land reform and redistribution programme that reflects the constitutional principles of equality and non-discrimination.