Urban Agriculture in Zimbabwe: The legal perspective

Urban agriculture has been practised in various parts of the world for a long time and in some cases is as old as urban development itself. In Zimbabwe, the practice has been going on since the colonization of the country as the settlers had to devise a way of feeding themselves as they set up several urban settlements in the country. In Harare, this explains the big residential stands that were allocated to the settlers in areas such as Waterfalls, Tynwald and Borrowdale. In some of these plots, agricultural activities ranged from crop cultivation to rearing of animals for meat and milk.

In recent years, Harare has seen an upsurge in urban growth and this has put a strain on formal employment. The harsh economic environment has also had a negative impact on available resources and food security within urban families. This has led many people to resort to urban agriculture for food security and sometimes to augment family incomes. Previously the practice was mostly confined to the urban poor but of late it has become widespread and is being practised on a grand scale involving the middle and high income groups as well.

This sudden upsurge in urban agriculture prompted the Zimbabwe Environmental Law Association (ZELA) to embark on a project in partnership with the Municipal Development Partnership for Eastern and Southern Africa (MDP) to examine the status of the laws governing urban agriculture in the country with an initial focus on Harare and Chitungwiza Municipalities.

The laws governing Urban Agriculture in Zimbabwe generally

Urban agriculture as a concept or practice is not prohibited in our legal system. Although there is no law specifically in place to govern urban agriculture in Zimbabwe, there are provisions in various legal instruments that deal with the issue. The various national laws are looked at in detail below.

The Urban Councils Act- (Chapter 29:15)

Urban settlements are established and governed by this Act. Agriculture being a predominantly rural activity is therefore not specifically addressed by the Act. It however has provisions that can be used to regulate the practice of agriculture in urban settlements. The provisions come mostly in the form of Regulations by the Minister or By-laws by the local authorities. Section 227 of the Act as read with Clause 81(1) of the 3rd Schedule for example empowers the local authority to make by-laws that prohibit or regulate the cultivation on any land of any crop or anything which may constitute or is likely to constitute a hazard or danger to public health or the natural resources of the urban area concerned. The provision does not outlaw urban agriculture, nor does it specifically provide for urban agricultural activities. All it does is to prohibit or regulate the activity in the event of the above scenario presenting itself. In terms of section 82(1) of the 3rd Schedule council may also make by laws dealing with the prohibition, regulation or licensing of the keeping of any animals, bees, reptiles or birds. This provision clearly does not outlaw such activities but calls for regulation in suitable circumstances

Regional, Town and Country Planning Act – (Chapter 29:12)

The Act deals with the planning aspects of any settlement. The local authority is allowed by the Act, after following certain laid down procedures, to determine the kind of activities that may be undertaken on any piece of land within its jurisdiction. It is therefore possible for any local authority in terms of this Act to provide for urban agriculture as a land use. That way urban agriculture will cease to be an ancillary activity but will instead form part of mainstream urban development activities and become a recognized land use.

The Environmental Management Act-(Chapter 20:37)

This is the overarching legislation on environmental issues in the country. In as far as it seeks to set environmental standards; it also impacts on urban agriculture. While the Act has no specific provisions relating to urban agriculture, its thrust is sustainable utilization of natural resources and management of the environment. As such if any urban agricultural activity goes against these objectives of the Act, it may be outlawed. At the same time the Act can be interpreted to allow urban agricultural activities that recognize the importance of sustainable utilization of natural resources and the protection of the environment.

Regulations

Fruit and Vegetable (Urban Areas) General Regulations: Statutory Instrument 459/1915

This is one of the oldest by-laws that impact on urban agriculture. Promulgated in 1912 as the Fruit and Vegetables (Urban Areas) Ordinance, these regulations provide for the licensing of any person who carries on business of market gardening or the growing of vegetables or fruits for sale to the public. The regulations emphasize on good hygienic conditions as the prerequisite to licensing.

The Policy Framework

Generally urban agriculture has been accepted as an integral part of modern urban development, not only in Zimbabwe but in the region and beyond. The policy framework is therefore evidently supportive of the practice. In Zimbabwe, the Nyanga Declaration which was made by the 61st Conference of the Urban Councils Association of Zimbabwe in 2003 demonstrated the commitment of local authorities in the country to urban agriculture and the desire for the practice to be carried out in a regulated manner. A similar pledge was made at regional level in August 2003, when Local Government Ministers from Eastern and Southern Africa signed the Harare Declaration pledging their support for urban agriculture and emphasized the need to create an enabling environment for its integration in urban planning and urban economies. The government of Zimbabwe being one of the signatories to this declaration is therefore also clearly committed to the advancement of the practice.

Municipal By-Laws

Since the pilot municipal areas of study were Harare and Chitungwiza, it was necessary to examine the Municipal By-laws in the cities that have an impact on urban agriculture. No By-laws of interest were identified in Chitungwiza, but three were identified in Harare.

Harare (Protection of Land) By Laws- Statutory Instrument 104/1973

Sec 4(1) prohibits the cultivation of council land without council approval. Of late however urban agriculture practitioners in Harare have invaded every open space, including municipal land, and planted their crops, raising questions about the effectiveness of council By-laws. Clearly the regulations are there but the issue has been lack of enforcement.

Harare (Noise) By Laws Statutory Instrument 1195/1975

In terms of Section 4(g), the keeping of animals that may cause annoyance to, disturb or inconvenience a neighbour is prohibited.

Harare (Trees and Plants) By-laws – Statutory Instrument 141/1987

Planting of trees on any public place without council authority is prohibited

Enforcement

Enforcement has however been a problem for the City of Harare. Of late there has been an increase in the capital of illegal agricultural activities, particularly cultivation in prohibited areas. Lack of enforcement has been attributed to the inadequate capacity of the Municipal Police’s Environment Unit, which has been overwhelmed by the number of people engaging in the illegal activities. Where they have attempted to enforce the By-laws, they have met with hostilities from members of the public who usually advance self-serving arguments for engaging in the illegal activity. Politicians have also interfered in support of the urban farmers so as to gain their support. The Zimbabwe Republic Police has also been overwhelmed by an upsurge in crimes generally thereby relegating “trivial” issues like the enforcement of municipal By-Laws to the periphery.

Conclusion

The research has established that the current legal regime as it stands does not specifically provide for urban agriculture, but at the same time, it does not prohibit the practice. Instead the legal framework seeks to regulate the practice so that it is in sync with sound town planning practices and is not a health or environmental hazard or a nuisance. However current developments have witnessed a free for all situation, whereby urban dwellers have invaded every open space imaginable for agricultural purposes. Besides invading council and privately owned land, the farmers have also cultivated wetlands, vleis and stream banks thereby causing environmental degradation. It is therefore imperative for the City of Harare to ensure that its By-laws are enforced for the sack of sound town planning as well as the protection of the environment. The Zimbabwe Republic Police should also play its part in assisting the Municipal Police in the enforcement of these By-Laws.

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