ZONING of land in any jurisdiction falls under spatial planning.
Spatial planning ensures that land is used for a particular purpose, which is registered in the title deed or the leasehold tenure agreement.
In many instances, land zoning is a municipal prerogative.
In some circumstances, rezoning occurs because the title holder intends to change the property’s land-use rights.
This could be an existing building or a vacant piece of land.
For instance, a commercial warehouse can be converted to student accommodation.
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Alternatively, peri-urban land designated for vegetable gardening can be turned into horse stables.
This needs to be done in accordance with the relevant due processes, such as notifying the municipality of the plan change.
Secondly, a necessary advertisement in the local Press and the Government Gazette for interested parties.
Such as other land owners in the vicinity of the property or the public with an interest in the matter, to file their objections or concerns regarding the rezoning of such land, whether vacant or not.
The process becomes more complicated when a person intends to obtain authorisation to rezone land for mining in urban areas.
Presently, the Executive branch’s mantra is spearheading economic development by promoting investment, including mining.
There has been a tendency to create favourable terms for interested investors, mostly Chinese, without taking into account established activities that have been ongoing for a very long time prior to such mining activities.
Legislative gaps on municipal autonomy on zoning and mining
In Zimbabwe, the current legislative framework generally fails to fairly balance the interests of different stakeholders.
Such as ensuring that mining licences or permits are issued in accordance with zoning regulations for areas designated for residential and commercial use.
There has been a most recent legal judgment between a private school and a Chinese mining company seeking to set up a cement and lime plant.
This has exposed the lack of municipal autonomy over zoning land, where mining investors seek to establish extractive activities.
Key legislation overlapping with zoning
Before delving into this problem, it is important to examine the current legislative framework for planning in Zimbabwean urban areas.
As zoning forms part of planning law, interpretation pertaining to zoning issues comes from the Regional, Town and Country Planning Act [Chapter 29:12], Urban Councils Act [Chapter 29:15], Rural, Housing and Building Act [Chapter 22:07] and the Regional, Town and Country Planning (Master and Local Plans) Regulations.
In regard to the Regional, Town and Country Planning Act [Chapter 29:12], it serves a purpose of giving power to municipalities composed of city councils, town councils and local boards to make and give effect to their master plans, local plans and zoning schemes.
Land can be zoned into specific areas, including commercial, industrial, agricultural, mixed-use and special-purpose zones.
Municipalities are compelled to prepare master plans under section 13(2), which must ensure planning is carried out in a coordinated and harmonious manner.
Through, among other issues, ensuring the conservation and improvement of the physical environment while fostering economic development.
Under section 150 of the Urban Councils Act [Chapter 29:15], a council/municipality can acquire land within and outside its boundaries to carry out municipal functions.
Councils can also, under section 151, expropriate land by majority resolution.
Under section 152, councils can set aside council land for State purposes.
In terms of section 155, in the instance where land belonging to council is encroached, measures can be taken to ensure that, among other issues, the person can buy such land where the encroachment is situated.
When viewed in this light, they are vulnerable to the Executive branch of government advancing certain agendas by dictating to municipalities how to use land.
For instance, land encroached upon by the state could be bought and later used for mining, even though such activities are not feasible or pose a danger to other people or activities.
The Housing and Building Act [Chapter 22:07] could serve as a blueprint for ensuring that regularised mining activities do not encroach onto existing buildings or houses within the mine's periphery.
However, the current state of the Housing and Building Act is deficient in addressing zoning and whether municipalities can object to prospecting and mining concessions.
This is because mining near settlements or other human activities, such as schools, can lead to conflict among existing title holders.
And the threat of deliberate damage that the mine can impose on existing buildings and the health of people in the vicinity.
The Environmental Management Act [Chapter 20:27] (hereafter Ema) requires municipalities to ensure that environmental impact assessments are conducted in a manner consistent with the sustainable use of land within a municipality.
This must be clearly outlined in the master plan or the local plan.
Regarding the Mines and Minerals Act [Chapter 21:05], the President has the power over all minerals.
Meaning the national sphere of government has ultimate say over all minerals in Zimbabwe.
This power is exercised by the Mines ministry, which grants prospecting licences for areas that can be demarcated for mining or mining-related activities.
Regarding mining in urban areas, if a prospector or miner fails to obtain consent from a municipality, they can obtain authorisation from the President's Office under section 310.
As mentioned above, the Executive branch of government has a mantra of economic development that, at times, trumps certain constitutional rights, such as the right to a healthy environment.
The Urban State Land Management Policy (2025) aims to achieve uniform, planned and equitable land use in response to urbanisation, informalisation, and the politicisation of State land.
The policy aims to curb threats to the environment, such as human invasion of wetlands for various activities.
However, the policy falls short of making an impact because, among other issues, it states that it will align with the Mines and Minerals Act.
As already mentioned, the Mines and Minerals Act gives the Executive sphere of government a stronger say in final decisions regarding mining or any activities overlapping with mining.
Municipal governance weakness on zoning and mining law
Based on the analysis of the above legislation, it is now important to go into detail on recent matters observed in municipal governance, weakness of independent decision-making in mining activities.
In March 2025, Bryden Country School, a private school in the town of Chegutu, obtained an interim High Court order barring the construction of a cement manufacturing plant within 500 metres of its premises.
This happened in February 2025, when the cement investor informed the school that it planned to build a cement and lime plant.
Such a plant would also process limestone rock extracted from a quarry site about 360 metres away, which is 200 metres wide, on the other side of the school premises, into cement.
An interim interdict was granted by the High Court, barring the mining company from proceeding with its activities until it obtained an EIA certificate in terms of the Ema legislation.
As the legal action progressed, the investor was fined US$10 000 for contempt of court in failing to produce an EIA certificate.
Although an EIA certificate was later obtained, the school challenged such issuance as controversial.
In October 2025, the High Court dismissed the school's request for a final order, thus giving the cement company clearance to proceed with its investment.
This judgment was a missed opportunity for the court to ensure that the right to an environment that is not harmful to health or well-being, as outlined in section 73 of the Constitution, was protected.
The court also missed the opportunity to compel legislators to reform Bills, such as the Mining Bill and existing town planning legislation, to ensure that local governments have a clearer voice in zoning.
This must not be overstepped by the national government, particularly with regard to the establishment of extractive activities.
Lessons from South African zoning and mining clashes
In other jurisdictions such as South Africa, in the case of Maccsand (Pty) Ltd v City of Cape Town (2012) the court, in a well-reasoned decision, held that the Mineral Resources minister cannot override the functions of municipalities giving permission for mining and prospecting, yet the owner, being the municipality, refuses to have such land used for extractive activities.
Applying the precedent would imply that the municipality is the custodian of the land where such mining is being done.
And it gives the municipality the right to refuse any activities that may be harmful to other land users, even if the land was not originally zoned for industrial or commercial use.
The municipality may consider that an elite private school established about 42 years ago, which has been providing quality education to the town.
The closure of such a school due to parents withdrawing learners would mark the end of its legacy, as a result of air and noise pollution from the plant's cement and lime operations.
Further lessons can also be drawn from the Maccsand v City of Cape Town case for clearer zoning laws and for enabling municipalities in Zimbabwe to exercise greater control over land zoning for mining activities.
Recommendations
Some solutions that mitigate such situations could include a master and local plans that give municipalities the discretion to refuse permission for activities that are in the public interest and already existed before the mine was established.
Municipalities must be given similar powers as the Environmental Management Agency to oversee the environmental impact assessment (EIA) process.
This will ensure expeditious and objective EIA report outcomes, making them available to boost public confidence in the entire process and to prevent oversight or corruption.
Lastly, our courts are the last hope for residents seeking final interdicts against situations that harm their health, become a nuisance through noise pollution or threaten established infrastructure.
These are not all the solutions to local government autonomy over land zoning for mining purposes.
But they could serve as a starting point for municipalities to demonstrate their relevance or power in mining activities on urban land.
Hoitsimolimo Mutlokwa is a post-doctoral fellow at Mineral & Energy Resources Law in Africa, University of Cape Town, Faculty of Law, Department of Private Law. He can be contacted on hoitsi12@gmail.com or hoitsimolimo.mutlokwa@uct.ac.za.