NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal), to discuss with us legal issues that affect Zimbabweans. The discussions are of a general nature and those seeking specific legal advice should contact their lawyer.Reporter: Welcome back Mr.
Madzima, we understand the Minister for Justice, Legal and Parliamentary Affairs recently issued Statutory Instrument 76 of 2025, aiming to digitise title deeds in Zimbabwe, why now?VM: Thank youI think there is a need to understand these legal developments in context. The Deeds Registry is probably one of the most important offices in our country, housing and keeping records of our security documents, including property titles, charitable or family trusts, and financial security instruments such as mortgage bonds. Established through the Deeds Registry Act of 1960, consecutive governments, through various regulations made several attempts over the years to maintain utmost security over the documents and their registry in changing times.Recent cases alleging in deed registration processes either through collusion with staff members in the deeds registration process or outright forgery, case in point, the Matumbuka case, have necessitated further security measures in line with International best practices, already undergoing implementation in other jurisdictions like South Africa, Namibia, Australia and the United Kingdom.
I mention these countries because a significant number of our diaspora are residents there.Hence, these new regulationsReporter: What will be the new look of the digital title deed?VM: The idea is to standardise the title deeds to be issued going forward. This will include the titles being on special security paper supplied by a single supplier so it is easily identifiable and verifiable. Further, how the title deed will be drawn up will also be prescribed for the conveyancers, this will include font size, type of ink, what happens when the alterations are on the deed et cetera.The digital copy will be maintained at the deeds office, and a physical copy with the above features issued to the deed owner.The import is to reduce the options for fraud.Reporter: What happens to the title deeds that were issued before the statutory instrument publication?VM: That is a good question.
The new regulations acknowledge the new ‘securitised deeds’ and the ‘old title deeds’, which refer to the deeds people are holding in Zimbabwe as of this date.The idea is to integrate the current title deeds to become securitised deeds within 24 months.This means that the holders of current title deeds are required to submit their original title deeds and documents to the deeds registry within 24 months so that they are validated. The Registrar will then check whether the documents comply with the regulations. Once the documents are validated, the Registrar will issue the securitised deed on special paper to the holder of title and a digital copy will be maintained at the Registrar’s office.We are anticipating a supporting implementation framework from the Registrar’s office on how the process will be implemented in actual terms, including the attendant fees.Reporter: What other measures have also been introduced to ensure that the securitised deeds system is secure?VM: The regulations prescribe that lawyers follow strict identity procedures when drafting deeds and power of attorney.
There is a requirement that the documents be notarised. Digital log-ins on the system will be traceable for any person dealing with a particular property in the securitised system, which will allow for a digital footprint should any work be attended to on a particular securitised deed.Long and short, it will be easier for the authorities to identify when and by who should a complaint be made on a certain deed.CloseSign up for free AllAfrica NewslettersGet the latest in African news delivered straight to your inboxTop HeadlinesZimbabweLegal Affairs Submit By submitting above, you agree to our privacy policy. Success! Almost finished…We need to confirm your email address.To complete the process, please follow the instructions in the email we just sent you.
Error! Error! There was a problem processing your submission. Please try again later.In addition, criminal sanctions for fraud have been included in the regulations which target Registry or government employees who collude with or assist fraudsters to tamper with deeds.Reporter: Mr. Madzima, what is your personal view on the new system?VM: I believe the system will go a long way in modernising our deeds registration system by improving security and transparency, thereby reducing instances of fraud involving the deeds office or people’s property titles.
It will also assist property practitioners in verification of title processes as it will be more efficient and reliable from away from the manual paper system to a digital and more efficient system.Reporter: Thank you, Mr. Madzima we have to end here because of our time.VM: Thank you.You can contact Vengai Madzima onvengai@mcmlegal.co.zwor at www.mcmlegal.co.zw.
Originally published on AllAfrica
Source: Allafrica