A human rights advocate has criticised Zimbabwe’s compensation framework for former commercial farmers, warning that it favours foreign landowners over local citizens.
Ben Freeth, spokesperson for SADC Tribunal Rights Watch, made the comments in an open letter to President Emmerson Mnangagwa.
In the letter dated 24 February 2026, Freeth commends the government for moves to compensate the small percentage of landowners from countries that have bilateral investment treaties (BITs) with Zimbabwe, however argues that Zimbabwean farmers and others from non-BIT countries are treated unfairly and discriminatorily.
“I am writing to you out of a deep sense of love for Zimbabwe, her people and our collective future,” Freeth said in the letter, acknowledging the government’s efforts to compensate “the 0.5 percent or so of landowners who come from foreign countries which have treaty agreements with Zimbabwe.”
He specifically cited investors from the Netherlands, Germany, Switzerland and Denmark.
“These landowners… are either being paid for their farms or given the option to go back to their farms, if they wish to take that option,” Freeth said.
He argued that once these farms are paid for, or returned, “the title deeds and the rights that they bestow, will be good, and any future on those farms will be able to be secure and blessed. Secure, transferrable and bankable property rights are the key to a productive and prosperous future.”
However, he contrasts this with the treatment of Zimbabwean farmers and those from countries without bilateral investment treaties.
“Unfortunately, the moves to compensate farmers and landowners who are Zimbabweans or from countries that do not have bilateral investment treaties, are different,” Freeth said.
“Such farmers are only being given the option of receiving a one percent payment in cash for a discounted valuation of the improvements on their farms followed by a further one percent. Any further payments are due to be in government bonds which, if history is a judge, will not be worth very much.”
Freeth argued this will create a dual system of rights.
“We therefore have a very weighted system of favouritism where foreigners are being allocated massively disproportionate rights over and above the rights of local people. How can one group of people be allocated more rights than another group of people? This is discriminatory,” said the spokesperson.
His comments come as some have said that many of the affected Zimbabwean farmers are elderly and struggling because their farms were their pensions and have nothing to fall back on.
Freeth also invokes the landmark Campbell case before the now-defunct Southern African Development Community Tribunal, commonly known as the SADC Tribunal.
“You will be aware of the Campbell Judgment in the regional court of justice and court of last resort, the SADC Tribunal on 28 November 2008,” he said referring to the ruling that found Zimbabwe’s land seizures discriminatory and ordered compensation.
The case was brought by commercial farmer Mike Campbell and others. Freeth says the Government was ordered to compensate Campbell and two other farmers by June 2009.
“President Mugabe did not do so. Nearly 17 years later, those three farmers have not received any money, or any offer of any money, as compensation for their property,” Freeth said, further alleging that when the farmers returned to the Tribunal seeking enforcement, political pressure resulted in the suspension of its judges in 2011, leaving the court unable to function.
“The SADC Tribunal has still been unable to deal with the case… because the judges have still not been reappointed by SADC.”
Read: https://cite.org.zw/sadc-tribunals-17-year-suspension-denying-justice-to-millions/
Freeth stated although other farmers involved in the SADC case were initially told they could continue farming, most were later removed during the tenure of former President Robert Mugabe, often amid violence.
“None of them have been compensated or afforded the opportunity to go back to their farms during the eight years since President Mugabe left office,” he said, arguing that failure to address the SADC judgment undermines investor confidence and international relations.
“In the interests of encouraging investors and investment, this situation needs rectifying. We as Zimbabwe cannot remain in contempt of a final and binding judgment given under the SADC Treaty.”
Freeth added that compliance with SADC Tribunal judgments has been cited by the United States as a prerequisite for American investment and support.
His letter also references Mount Carmel farm, formerly owned by Campbell, which he claimed was now occupied by businessman Paul Tungwarara “in contravention of the SADC Tribunal judgment.”
“It is tragic to note that the late Mike Campbell… died as a result of the injuries sustained when thugs abducted him two weeks before the court case, trying to dissuade him from continuing with the high-profile case,” Freeth said.
Freeth alleged that Tungwarara was also awarded a US$15 million tender to build a wall around State House, a figure he contrasts with the US$3 million reportedly allocated in the national budget for compensating thousands of non-BIT farmers.
“This figure alone is five times the paltry US$3 million amount allocated in the budget for paying out the thousands of farmers who do not have the rights afforded to them that have been afforded to the foreign farmers,” he said.
“Locals are suffering while foreigners and the elite are allocated uncompensated farms and large sums of the State’s limited resources.”
The Zimbabwean government has previously defended its compensation framework as a pragmatic approach that balances constitutional obligations with fiscal realities.
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