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Colonial and Post-Colonial Reconstructions of Customary Land Tenure in Zimbabwe

International Development Law Institute, Rome, Italy

Settler colonialism in Zimbabwe involved the alienation of land as well as the restruc turing of customary tenure. The restructured customary tenure vested title to land in the colonial state thus merging sovereignty and property. The merger facilitated administrative control of rural society. Institutionalized customary tenure was said to be communal and excluded individual rights. Despite the official version, local customary tenure was dynamic, recognized individual use rights and facilitated accumulation and differentiation. The post-colonial state has continued the merger of sovereignty and property thus continuing the undemocratic relations between the state and rural society. Customary tenure is still considered communal. It continues to be dynamic and mediates class and gender differentiation.

Social & Legal Studies, Vol. 7, No. 1, 77-95 (1998)
DOI: 10.1177/096466399800700105


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