The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

News Release

 

 

28 December
2001

COMMERCIAL FARMERS' UNION

Affidavit - Hanagwe and Guy Stanley Watson-Smith


AFFIDAVIT
(signed and lodged)

HELD AT HARARE

In the matter between:-

HANAGWE (PVT) LTD First Applicant

GUY STANLEY WATSON-SMITH Second Applicant

and

MINISTER OF LANDS, AGRICULTURE

AND RURAL RESETTLEMENT First Respondent

MINISTER OF LOCAL GOVERNMENT Second Respondent

COMRADE ZHOU Third Respondent

GENERAL SOLOMON T MUJURU Fourth Respondent

________________________________________________________

AFFIDAVIT OF GUY STANLEY WATSON-SMITH

_________________________________________________________

I, Guy Stanley Watson-Smith, hereby make oath and swear that:-

1. The facts contained herein are true and correct and according to the
best of my knowledge and belief.

2. I make this affidavit in my capacity as:

i. a director and shareholder of Hanagwe (Pvt) Ltd, a company with limited
liability duly registered according to the laws of Zimbabwe being duly
authorised thereto. The First Applicant is the owner of the movable
property which is the subject matter of this application; and

ii. In my personal capacity (as Second Applicant) as I am the registered
owner of the properties in the district of Salisbury known as the
Remainder of Elim measuring 512, 0184 hectares (Elim Farm) and Alamein
measuring 766,9668 hectares (Alamein Farm) both held under Deed of
Transfer 2080/84. A copy of the Deed of Transfer is attached hereto as
Annexure "1". Prior to being unlawfully evicted from the properties, I ran
a commercial farming enterprise on Elim and Alamein Farms which operation
is detailed more fully below. First and Second Applicants' address for
service is c/o its/my legal practitioners of record.

3. The First Respondent is cited in his official capacity and whose
Ministry is overall in charge of the Land Acquisition Exercise on behalf
of the Acquiring Authority whose address for service is Ngungunyana
Building, No 1 Borrowdale Road, HARARE

4. The Second Respondent is cited in his official capacity and as the
Minister responsible for the resettlement of rural land whose address for
service is Makombe Building, Herbert Chitepo Avenue HARARE.

5. The Third Respondent is cited as the representative of the State and of
the First and Second and Fourth Respondents and by whose direct actions,
the First and Second Applicants have been unlawfully forced to vacate the
properties known as Elim and Alamein Farms. The Third Respondent's address
is Joyce Mine, District War Veterans Head Quarters.

6. The Fourth Respondent is cited in his personal capacity as a senior
member of ZANU PF, who by his actions has illegally caused the First and
Second Applicants to vacate Elim and Alamein Farms. The Fourth
Respondent's address for service is 17 Lawson Avenue, Milton Park, HARARE.

7. This application is an urgent one for an order for the immediate return
and recovery of all movable property (listed in Annexure 9 hereto) which
property belongs to the First Applicant and which property the Third
Respondent has, on behalf of First, Second and Fourth Respondents,
detained on Second Applicant's property and has refused to allow First and
Second Applicants to remove.

8. I believe that it is important to detail the background leading to this
Application:

8.1 During the current land acquisition exercise, Elim Farm was gazetted
for compulsory acquisition on the 2nd June 2000. An objection letter was
lodged with the Acquiring Authority. An acquisition order was served on
the Applicants on or about the 8th December 2000. When the matter (under
Case No LA420/2000) was set down for hearing on the 29th March 2001, the
Acquiring Authority sought to proceed in the Magistrates' Court to have
the Acquisition Order confirmed. An objection was raised to the
jurisdiction of the hearing officer to determine the application and the
matter was referred to the Supreme Court in terms of Section 24 (2) of the
Constitution of Zimbabwe for a ruling. The matter has not yet been heard
and is still pending before the Supreme Court.

8.2 Alamein Farm was gazetted for compulsory acquisition on the 25th
August 2000. An objection letter was lodged with the Acquiring Authority.
A Section 8 Acquisition Order (after the promulgation of SI 338/01) was
served on the Applicant on the 5th December 2001. In passing, I point out
that the notice period of 90 days in terms of the regulations has not
expired and neither have I been served with an eviction order from a
competent court.

8.3 In all objections lodged with the Ministry of Agriculture I have
stressed the interdependence of Alamein and Elim. The "dam" on Elim is in
fact a reservoir enclosed on all four sides. It has no natural catchment
and was purpose built in 1992 to serve as an off-river storage facility,
specifically to feed the arable lands of Alamein and a tiny arable corner
of Elim. It is possibly the largest reservoir of its type in Zimbabwe
covering nearly 10 Ha surface area, and is 9 metres deep when full. The
pumping station on the Mupfure River is powered by 3 x 100 hp pumps
delivering water through a 300mm (12 inch) underground pipeline. Water
from the reservoir is fed through a system of canals and is pumped a
second time in order to irrigate the farm.

8.4 The normal farming operations conducted on Alamein and Elim farms is
detailed below:

40 Ha solid set drip irrigated tobacco, the scheme imported from Israel.

55 Ha overhead/sprinkler irrigated tobacco.

45 Ha supplementary irrigated tobacco.

140 Ha total tobacco.

Breeding herd of 430 cattle.

Pastures, and Katambora seed for export.

Approx. 490 head of commercial game run

complimentary to the cattle.

Paprika, Groundnuts, Maize, depending on land and water availability after
tobacco.

Tobacco production alone from this farm amounts to 500 000 Kgs which
translates to approx. US$1.5 million at todays prices.

We normally pay 300 salaries a month. 120 are permanent employees, and the
balance are made up of seasonal and contract workers who come from the
adjacent communal land. We support our communal neighbours not only in
employment, but also with their schools, churches, small scale farming
operations (tobacco seedlings most importantly), and acquisition and
transport of bulky farming inputs such as fertilizer and cement.

That community is, from reports that I am receiving, bewildered and
seriously economically disadvantaged. Without the normal activities on
Alamein they are without work now, and unable to source and pay for the
necessary inputs for their own plantings.

However, at a gathering on a farm in Wedza recently, where I was present,
Ministers Made and Moyo and our Governor were the guests. When a farmer
suggested that he felt some concern for the plight of his displaced
labour, Moyo rounded on him angrily and said "do not purport to represent
your labour."

Our last seasonal workers were paid off on 16th October 2001, but were
again re-hired for the planting period in November, specifically as a
result of the order, given by the Third Respondent to Applicants, Manager
to plant.

8.5. Alamein is a particularly productive farm in a fairly arid area. The
major road to Mubaira and Chegutu runs through it, and it is striking for
its orderliness, large cleared lands, picture-perfect crops, fat cattle in
green pastures, and irrigation from boundary to boundary. It is less than
an hour from Harare.

8.6. It has state-of-the-art curing and tobacco handling facilities for a
crop of 500 000 kgs, and five owner/manager homesteads within the main
security complex. The labour accommodation is extensive and of a high
standard.

8.7. We have had no invasion or settlers in the 18 months to August 2001.
We had occasional visits from war veterans and their colleagues, but none
have shown any inclination to move in. This fact has always puzzled and
concerned us, making us wonder if there is a directing hand in it.

8.8. We have been purposefully kept in the dark as to who is involved,
what our position is, and what we may or may not do on the farm. All our
efforts to obtain any clarity have failed

Questions addressed to the Governor are referred to the P.A., the D.A.,
the land committee, the war vet commander for the district, and finally
back to the Governor who will not see me. Circles.

8.9 Due to a lack of interference we were able to continue farming on
Alamein (Section 5 only until 5 December 2001), and land preparation for
the coming season and tobacco seed beds for a 140 Ha programme went ahead
as usual.

In July, without any warning the D.A. (Mrs. Chigidje) and her team
arrived, and randomly pegged every arable Ha on the combined Alamein/Elim
Farms. This pegging was done from a vehicle, and was completed in less
than an afternoon. All the pegs were roughly cut bush pegs. Shortly after
this our direct neighbour who had also been pegged, but was foolish or
brave enough to move some of them, was barricaded in his home with his
elderly mother by war veterans for five days.

I was in no doubt that pegs could not be violated because the consequences
would be severe. I began the process of trying to a) get the farm delisted
through application to the D.A. and her land committee, and b) obtain
permission to ridge for tobacco, which should have been planted on 1st
September. I and my representatives were sent from DA to PA to war
veterans to provincial Zanu PF leadership to Governor, and back again, in
a continuous process.

8.10 In an effort to achieve some resolution, on 28th July, I submitted an
offer to sub-divide my farm. The road to Mubaira forms a very natural
divide, and I conceded the 230 Ha on the communal side of the road, and
lodged that offer simultaneously with the Z.J.R.I. I attach as Annexure 2
a copy of the original offer to subdivide dated the 28th July 2001.

As is explained in the covering letter the sub-division combines arable
with grazing, water, bus routes, schools and clinics nearby, a trading
store on the sub-division which settlers could run profitably, and
brickfields.

I also promised that I would help to ensure a successful resettlement by
helping with tillage, seed, fertilizer, transport and dipping facilities.
The offer was rejected (verbally) by the PA Mr Chingosho on the grounds
that the Acquiring Authority was interested only in whole farms. I
understand that this position was subsequently reversed, and sub-divisions
are now being encouraged, but I have been unable to persuade the land
committee to reverse its position in my case.

9. 18th September 2001 I was visited by our District War Veterans
Commander, Third Respondent, who also sits on the DA's Seke District Land
Committee, and claims to represent the PA and the Governor. I am aware
that he refers back to them for decisions. He was accompanied by two
others. One introduced himself as Comrade Chris and the other we have come
to know now as Comrade Joe. My wife and two farm managers, Andrew
Hardcastle and Smibion Jemwa were present throughout the meeting.

9.1 My wife and I were ordered to leave the farm immediately with Third
Respondent's words "we don't want any more deaths, or such as happened on
Silver Oak or Goldilands." (These farms, one being our neighbour, were
barricaded with the farmers held prisoner for many days.)

9.2 I attempted to protest, but was told in very menacing tones that I
appeared not to be listening - I had better do so! My wife and I packed a
suitcase and left shortly thereafter. (I did not return to the farm until
5th December, 78 days later, under their escort, to briefly address the
farm labour. I was allowed no time there and have not been allowed back
since.)

9.3 I reported to the Beatrice Police that I had been forced off my farm
with a threat of death, and a Sgt. Sachirarwe told me that he did not
think it warranted a report because there was nothing the Police could do
about it. I insisted that I needed a report number anyway, and was issued
with RRB 757073. I do not know if it is genuine.

9.4 The following Tuesday, 25th September, my farm manager was visited
again by Third Respondent, Joe and a person who he understood at that time
to be a senior ZANU PF official. They were in an expensive Pajero motor
vehicle. They demanded our farm records of fertilizer, chemicals, coal and
diesel stocks. They also inspected the tobacco seedbeds, prepared lands,
and water facilities. The impression given to my manager was that our farm
was to be farmed, probably by a "chef". He was instructed to prepare a
schedule of assets with a valuation, with particular reference to tobacco
seedbeds and preparation for the coming season.

9.5 They said they would return for it the following day (which they did
not do). He consulted me, and we agreed that he should do what he could so
as not to seem obstructive, but that not being in control of the
accounting functions, he could not be expected to help them with valuation
beyond some basic guidelines. My Manager's draft Inventory of Assets is
attached hereto as Annexure 3.

9.6 The description, especially of a peculiar speech impediment of the
person suspected to be a senior ZANU PF official, led me to believe that
the senior person in the Pajero had been the Fourth Respondent. I
suspected that this person was the Fourth Respondent as I have spoken to
him on numerous occasions in the past. The 4th Respondent was positively
identified from photographs examined at the offices of the Financial
Gazette as being the person who had been on the farm with Third Respondent
and Comrade Joe on the 25th September 2001.


9.7 On 26th September, whilst in the PA's office in Marondera, attempting
to get a meeting with either himself or the Governor, and failing to see
either, I was presented with a hastily composed letter informing me that
my application for delisting was unsuccessful. A copy of that letter from
the Provincial Administrator is attached hereto as Annexure 4.

9.8 Third Respondent came to the farms a third time on Wednesday 3rd
October, missed our manager, but spoke to our bookkeeper, Moraig Santo. On
this occasion Third Respondent was accompanied by a well dressed lady, and
an unidentified man. They were in a Pajero registration number 742-223 N.
They were aggressive and asked for the asset schedule. They said my
Manager should have it ready for them the following day. They did not
arrive for it again on 4th October 2001.

10. In March 2001 we had appeared in the Magistrate's Court for a
confirmation hearing on the proposed acquisition of Elim. We were
represented by Advocate Adrian De Bourbon, instructed by Ray Barreto. Mr
De Bourbon challenged the jurisdiction of the Court to hear and make
judgment on matters pertaining to land, especially given that the
Magistrate would find it difficult if not dangerous to rule against her
employer, the government. As stated above, the matter was referred to the
Supreme Court.

Notwithstanding the fact that the matter had not yet been determined by
the Supreme Court it was again set down for hearing in the Administrative
Court on the 23rd October 2001. Neither Mr De Bourbon nor Mr Barreto were
available that day, so we were represented by Advocate Colegrave,
instructed by Mr Elliott. Mr. Colegrave informed the Judge, Mavangira,
that interested parties - namely Agribank who hold bonds against the
property - had not had the required notification. He also proposed to the
Judge, that as the parties present included myself the owner, the PA's
representative, and the Agritex officer, we should attempt to arrive at a
negotiated settlement involving another look at sub-division
possibilities. She instructed accordingly, and postponed the case "sine
die". The three parties, in the presence of Mr. Elliott, agreed that the
Agritex officer and I should work together to produce a proposal for
submission to the Land Committee urgently.

10.1 The Agritex team worked hard and honestly to produce a workable
proposal that in their opinion should have been accepted by the land
committee. They checked with me every step of the way to be sure that we
were in agreement before they made their submission.

10.2 I agreed to subdivide a total of 417 Ha from both farms to offer to
government, leaving me with 862 Ha, from which I calculated I could
continue to produce a very similar crop to previously, but reduce the
cattle and game numbers, with almost no impact on employment.

10.3 On the basis of that I wrote to the Chairman of the District Land
Committee on 2nd November, asking for permission to farm on the parts of
the farm outside the subdivision. This letter was to coincide with the
presentation of the Agritex proposal at their regular Tuesday meeting.
There has never been a response to the letter or the Agritex proposal to
my knowledge, and events have overtaken it. In this regard, I refer to
Annexures 5 and 6.

11. Following various different visits in October, Third Respondent
visited my manager on 9th November and ordered him to ridge and fertilize
for a full programme of tobacco immediately, and planting should begin on
Monday, and that he would be back to check.

11.1 We had applied for permission to plant, and there was no mention that
we were to plant for anyone else, so we took it that this very positive
message to get on with it was a reflection of some good news, perhaps even
a policy change at the top?

11.2 We could not start on Monday, but were able to get in by Thursday,
with a plan to complete 80 Ha. in about 8 days. The farm rallied to the
new situation after so long in waiting and the excitement was palpable.
The cost of planting the tobacco crop amounts to $26 million, which amount
will in due course be claimed from the Acquiring Authority and other
responsible persons. I hasten to point out that this crop will in all
probability be able to fetch a selling price in excess of US$720 000.00 at
current estimates.


12. On Saturday 17th November I received a phone call from the Third
Respondent. He told me to meet him the following day at the farm, to
collect my moveable assets, and go. In his words, "we are taking over." I
asked if he was telling me to pack up all my tractors, irrigation pipes,
and everything else, and leave for good. He confirmed that he was, and as
an afterthought, he said "and the old woman." I queried who that may be,
and he clarified that he was referring to my parents, in their eighties,
and invalid (Mum is crippled, and Dad had a brain tumor removed a year ago
and can no longer speak nor walk unaided).

12.1 I suggested that I had better stop the manager from planting the
tobacco to which he responded, "if you do that you will not get anything
off the farm." I protested that it was my fertilizer, chemicals, labour,
fuel etc. being used. He said, "I will pay for it." I told him that I
would not be available to go to the farm on Sunday, Monday or Tuesday, but
could meet him there on Wednesday. He agreed.

On Monday I spoke to the Fourth Respondent, and saw him on Tuesday 20th,
when I requested that I be allowed to effect a "civilized withdrawal", and
to move my parents first and with some dignity. I also asked him if I
would be allowed to remove ALL of my moveable assets, and he told me that
I had paid for them, they were as much mine as "the shirt on your back",
and that I would be paid for the crop in the ground, because as he said,
"Zhou has told me that he will pay from the 9th Nov."

12.2 I arranged for my sister to fly up from Cape Town to assist in the
move of my parents into a flat that some kind neighbours immediately made
available to us for a few months.

12.3 On Wednesday 21st I was on the way to the farm with my wife for the
first time since September 18th, when beyond the outskirts of town I
received a call on my cell phone, from the Third Respondent, to say that
he couldn't meet us and I must turn around. I appealed that we be allowed
to continue, and that I would see him there when he could get there. He
refused my request. I telephoned the Fourth Respondent to appeal to him.
He said that I had better listen to the Third Respondent and turn around
for my own safety.

13. On 28th November my parents were moved off the farm, and out of their
home. I was not allowed on the farm to offer them any moral or physical
support. They have lived there since their move from Bindura in 1983, and
had expected to see out their days there. It was very traumatic for them
at their age to be wrenched from a way of life, faithful employees of 50
years standing, and their birds, animals, and plants.

Days and a large number of meetings with the Fourth Respondent and many
others followed which details are largely recorded in the notes kept by my
manager and myself. Copies of these diarised events are attached hereto as
Annexures 7 and 8 respectively.

13.1 On Monday 3rd December Applicants' manager was subjected to a two
hour session of public humiliation by Comrade Kasawaya, a war vet from a
neighbouring farm who has begun in recent weeks to extend his territory
and sphere of influence onto Alamein, including unreasonable material
demands, and planting of a crop on the farm. Applicant's manager was
harangued in front of the whole labour force, threatened, called a racist
with lewd and insulting accusations, and made to chant Zanu PF slogans. He
was very shaken, and work on the farm was cancelled for the day.

13.2 On 5th December I received a phone call mid-morning from the Fourth
Respondent to say that I should meet him immediately at the Lyndale
Service Station on the edge of town, and we would go to the farm together
to address the labour. I rushed there, and he and I traveled out to the
farm together. The Third Respondent and others were ahead in the The
Fourth Respondent's vehicle, a red twin-cab pick-up. When we arrived I was
given no time, but called to address the assembled labour. The Fourth
Respondent took a walk around the buildings, and effectively disassociated
himself from the proceedings.

13.3 The Third Respondent told me to tell the labour that they would be
working for a new establishment now, and that I would pay them everything
they were due. I did this briefly, which was followed with a rousing
speech from the Third Respondent, with lots of "pamberi Mugabe's", and a
promise that the labour would be paid "everything they are due " by me,
before I would be permitted to move any farm assets. This has set the
stage for a long and bitter battle to remove my assets. I have every
intention of paying everyone in terms of the law. A full computation of
the balance of salaries owed to the workers, leave days, etc up to the end
of November has been computed and I am arranging for Fawcetts Security to
attend on the property to make a payment to all the workers. I also intend
to forward a copy of that document to the Fourth Respondent as it is my
belief that he is responsible for paying the labour after the 9th November
2001. A copy of that document can be made available to the court should it
be required.

I was forced to leave the farm and to leave all the assets of the First
Applicant on the farm valued at approximately $120 million. The assets are
likely to be used, sold, slaughtered or eaten.

Already maize to the value of $62 130.00 has been issued to the labour.
Ordinarily the value of this maize would be deducted from their wages.
Given the circumstances, it is not possible or fair for me to do this as
this would result in the money that I intend to pay to the labour through
Fawcetts becoming a derisory amount. In addition, fertiliser valued at
$261 494.00 has been issued to the labour for their own crops. Significant
amounts of additional fertiliser will have to be given to the labour. I
intend to recover these amounts from the Respondents and other responsible
authorities in due course.

13.4 It was my first meeting with the Third Respondent since the death
threat of 18th Sept., and he was extremely aggressive towards me. (I am
always scrupulously polite, but I feel that he fears me and wants me out
of the picture). He told my Manager that he was to cease to meet with or
talk to me, that my cattle and game and assets listed in the rough and
hastely prepared farm inventory that I had been ordered to give should not
be moved off the farm, but offered to the settlers. Many other assets
would have to stay, and that under no circumstances was I to go to the
farm without him. Finally he told me to leave the farm under escort and he
drove me for 17 km, to the tar road. I have subsequently prepared a more
detailed list of the assets unlawfully held by the Respondents, which is
attached hereto as Annexure 9.

13.4 On Thursday 6th December my wife, son, nephew and three neighbours
wives began the awful job of packing up our home hurriedly. Simultaneously
our bookkeeper Moraig and manager were packing up theirs. I was ordered by
Third Respondent to stay away.

13.5 We never informed the Third Respondent that they were on the farm,
but I did phone him to tell him that I had organised trucks to collect the
cattle the following day, with the Fourth Respondent's approval, and that
Stuttafords Removals would be at the farm on Friday. He said that he would
be busy in Marondera, so I should cancel the trucks. I protested that it
was too late and that Stuttafords had already closed their offices for the
night. He said " If you do not stop those trucks I will burn them - phone
me tomorrow at 07.00. I tried to telephone the Fourth Respondent without a
reply.

13.6 Friday 7th - I tried to phone Third Respondent at 07.00 as
instructed, and left a message on his answering machine. I got through to
the Fourth Respondent and told him of the order to stop the trucks, and
that Third Respondent had threatened to burn them. He said that he would
get hold of Third Respondent and that my wife and children should go to
the farm and pack household goods only, and that the cattle trucks had
better be stopped. We complied. Stuttafords were late, and only a pre-pack
was possible on Friday, so they had to stay overnight.

13.7 Moraig the bookkeeper was fully packed and off the farm that night
using our own trucks.


13.8 Saturday 8th - my wife, son and nephew, with our manager, returned to
finish the job. We had found a home for our younger dog, but could not
find a home for our faithful old dog and horse. A neighbour kindly took
them to a quiet place at the bottom of the garden and shot them.

My son caught and boxed all of the ornamental birds and waterfowl that
have been mine and my mother's hobby and love for 20 years.

14. At about 10.00 Third Respondent arrived and stated that my wife and my
Manager were to leave the gun cabinet keys with 7 weapons and ammunition,
and the two pick-up trucks, on the farm. My wife refused and called the
Member in Charge at Beatrice (Insp. Tarugwisa) for his assistance. She
also phoned me - I got hold of Dispol (Ch.Supt. Mukanganise) and Colin
Cloete (CFU President) who in turn phoned Comrade Nyarhwata (War Vets
National Chairman) and Mr R Kaukonde (Zanu PF Provincial Chairman). Mr
Cloete could not get the Commissioner of Police on the phone.

14.1 The Inspector arrived, spent a few minutes with Third Respondent, did
not see my wife, and left. She phoned him again when he got back to the
Police Station to be informed that she should leave the keys with the farm
clerk, Nicholas, and the Member In Charge would collect them on Monday!

14.2 Third Respondent demanded to see my wife but she refused to go out to
him. He put pressure on them to hurry up and go, and my wife was forced to
hurry Stuttafords, resulting in some deep freezes and other bits being
left behind.

The birds and ducks had to be released back into their aviaries as they
had been packed onto the pickup trucks, and those now had to stay. There
was no room for them in the car. They are still on the farm, and we may
have to get the SPCA to rescue them if we can not.

14.3 My wife, farm manager and the two boys were justifiably fearful of
some form of violence erupting throughout the ordeal, which lasted until
they were able to leave after 2.00pm. Third Respondent at the last minute
disappeared for a brief spell, and they took that opportunity to leave, in
convoy with Stuttafords, and with the keys to the gun cabinet and the
pick-up trucks.

15. I met them at the Beatrice Police Station, where the Member In Charge
was absent. The Sergeant and Constable on duty were not prepared to take
the keys for safe keeping. Dispol (Chief Superintendant Mukanganise) had
made himself unavailable since the first call to him about Third
Respondent's demands in the morning. We managed to lodge a report in the
occurrence book (OB No 5691), but left for Harare with the keys. I got the
keys back to Insp. Tarugwisa on Monday, and he has since collected the
firearms from the farm, which he says may be collected, but the pick-up
trucks were to remain on the farm. The weapons and amunition have since
been collected by me and are lodged together with their respective
licences at Feredays Harare. The keys to the gun cabinet and for the
pick-up trucks have been retained at Beatrice Police Station. I was told
by Sergeant Muzengi that he was unable to find the keys as the Member In
Charge was not at the Police Station at the time.

16. Tuesday 11th the Fourth Respondent telephoned me on his way to Kwe Kwe
to say that he had spoken to the Third Respondent, and the pick-up trucks
were to be left on the farm as they appear on a list of `inventory' which
I had attached to a letter to the DA on 4th December, and along with the
rest of our assets could not be moved until labour matters are settled. He
also said he had been to the farm that morning, and the labour were
"angry" because I had not paid them. When I pressed him, he agreed with me
that I had fully paid them for November, although Third Respondent had
said he would from the 9th, and that the labour were not angry at all, but
a couple of them may have been incited to appear that way. He volunteered
that he had seen two "inciting the others." He said he would try to see me
on Wednesday, but that he was due to leave for the party congress in
Victoria Falls. The meeting with him has not happened yet.

16.1 Thursday 13th - I am advised that the Fourth Respondent visited the
farm on Tuesday the 11th December at which he told the assembled labour
that: "you work for us since the 9th November"

"we will pay you at the end of the month"

"Watson-Smith can move his assets once he has paid you"

"look after the tobacco as you have done before"

"Watson-Smith has been paid out for the farm"


16.2 On Wednesday the farm took delivery of 7 tonnes (140 bags) of
Ammonium Nitrate fertilizer, which the labour had to unload. They
understand it is from Fourth Respondent.

17. Before my wife and family and my manager had even left the farm on
Saturday 8th, looting had begun under Third Respondent's instruction. On
their way out they passed two of our tractors being driven by our drivers
on the way to Joyce Mine 30 km away (the District War Veterans
Headquarters). The first tractor was an 85hp Renault with a plough
attached. The second was an Ursus with a trailer carrying 1 ton (20 bags)
of my fertilizer, and a drum containing 250 litres of my diesel.

18. To date the Renault tractor and driver have not returned from Joyce
Mine, where I am advised they are busy ploughing. A further 154 litres of
diesel has been transported to Joyce Mine.

19. Kasawaya who humiliated our farm manager Monday 3rd has moved into our
house. He uses our Ursus tractor as his personal transport to go from farm
to farm, including at night. He has begun to remove the tiles off our
bathroom walls and transport them to the bus stop, and has taken hose
piping and seedbed plastic sheeting to his illegal plot on the nearby
Gwalia farm. He also removed a large number of farm assets for personal
use including chicken mesh, a trampolene and petrol drained from the
pick-ups left on the farms.

20. I am unaware of what else is leaving the farm, nor what is happening
to the cattle and game, but I have asked for records to be kept as far as
possible.

21. I understand that Fourth Respondent was on the farm again the 16th
December and toured the farm and spoke to individuals.

22. On Tuesday the 18th December, I understand that third Respondent was
on the farm and said that if I returned to the farm without his permission
I would be shot.

23. On the evening of the 18th December, I received a telephone call from
the Fourth Respondent. His attitude toward me in all previous dealings had
always been friendly and affable. His attitude appeared to have changed
and he was much more aggressive and businesslike. He ordered me to resolve
the money that is due to the labour or "Zhou will take cattle to pay the
labour". In addition, the Fourth Respondent accused me of having gone to
Greece or Italy with a group of people to purchase motor vehicles for the
use of the Movement for Democratic Change. He accused me of being "very
tricky". I advised the Fourth Respondent that I had indeed been in Greece
in August of this year however this had been a family holiday and I was
not on business, let alone having been on business for the M D C.

24. The Fourth Respondent's involvement in this matter and his dealings
with the Third Respondent leads me to suspect that the Applicants'
properties are not being legitimately acquired for resettlement purposes
in terms of the Land Acquisition Chapter 20:10. It appears that the Fourth
Respondent requires the farm for himself. Because of the Fourth
Respondent's involvement in this matter, the statements that have been
made by both Third and Fourth Respondents regarding my person, and because
the Fourth Respondent is a person of considerable political influence and
a senior member of the ZANU PF Party, I fear for my safety. In the
circumstances I will require the assistance of the Deputy Sheriff to act
on my behalf to recover the movable assets that are on the farms. Because
of the large number and diverse nature of movable assets that are on the
properties, it will be necessary for the Deputy Sheriff to instruct
various commercial firms to attend to the removal of the movable assets,
livestock and game.

I am unaware of what else is leaving the farms nor what is happening to
the cattle and game.

25. In all the circumstances, I respectfully submit that First, Second,
Third and Fourth Respondents have no legal basis or right to retain the
movable property listed on Annexure 9 hereto and which property lawfully
belongs to the First Applicant.

Wherefore First and Second Applicants pray for an order in terms of the
draft annexed hereto.

THUS SWORN TO AT HARARE THIS day of 2001.



.........................

GUY STANLEY WATSON-SMITH



Commissioner of oaths........................

IN THE HIGH COURT OF ZIMBABWE CASE NO.

HELD AT HARARE

In the matter between:-

HANAGWE (PVT) LTD First Applicant

GUY STANLEY WATSON-SMITH Second Applicant

and

MINISTER OF LANDS, AGRICULTURE

AND RURAL RESETTLEMENT First Respondent

MINISTER OF LOCAL GOVERNMENT Second Respondent

COMRADE ZHOU Third Respondent

GENERAL SOLOMON T MUJURU Fourth Respondent

---------------------------------------------------------

PROVISIONAL ORDER

---------------------------------------------------------

TO: THE RESPONDENT

Take note that, on the day of 2001, the High Court, siting at Harare
before the Honourable Mr Justice ................... issued a Provisional
Order as shown below.

The annexed Chamber Application, Affidavits and documents were used in
support of the application for this Provisional order.

If you intend to oppose the confirmation of this Provisional Order, you
will have to file a Notice of Opposition in Form Number 29(b), together
wish one or more opposing Affidavits, with the Registrar of the High Court
at Harare within ten (10) days of the date on which this Provisional Order
and annexures were served upon you. You will also have to serve a copy of
the Notice of Opposition and Affidavit/Affidavits on the Application at
the address for service specified in the application.

If you do not file an Opposing Affidavit within the period specified
above, this matter will be set down for hearing in the High Court at
Harare without further notice to you and will be dealt with as an
unopposed application for confirmation of the Provisional Order.

If you wish to have the Provisional Order changed or set aside sooner than
the Rules of Court normally allow, and can show good cause for this, you
should approach the Applicant/Applicants' legal practitioners to agree in
consultation with the Registrar on a suitable hearing date. If this cannot
be agreed or there is great urgency, you may make a Chamber Application on
notice to the Applicant, for directions from a judge as to when the matter
can be argued.


TERMS OF ORDER

That you show good cause to this Honourable Court why a final Order should
not be made in the following terms:-

TERMS OF ORDER SOUGHT

1. That all assets listed in Annexure 9 to the application and all ducks
and exotic birds are released to First and Second Applicants, including
any sums held in trust.

2. The Respondents shall not interfere in any manner with the Applicants
or the assets, nor prevent the disposal of those assets.

3. The First, Second, Third and Fourth Respondents shall jontly and
severally be ordered to pay the costs of this application


INTERIM RELIEF SOUGHT

Pending determination of this matter, the applicant is granted the
following relief:

1. That the Deputy Sheriff be and is hereby directed to make all
arrangements necessary to remove from Alamein and Elim Farms all moveable
equipment listed in Annexure 9 of the Application and shall remove and
store such assests at Zimbabwe Leaf Tobacco, Aspindale Road, HARARE and at
Curertec, No 28 Simon Mazorodze Road, HARARE, pending the determination of
this applicaiton.

2. That the Deputy Sheriff be and is hereby directed to make all
arrangements necessary to remove from Alamein and Elim farms all cattle
listed in Annexure 9 of the application and shall remove and deliver such
cattle to Zimstock Sales No. 1 Coventry Road, Workington, Harare, pending
the determination of this application.

3. That the Deputy Sheriff be and is hereby directed to make all
arrangements necessary to remove from Alamein and Elim farms all the game
listed in Annexure 9 of the application and shall remove and deliver such
game to Game Management Africa, Murgwi Estates, Shamva.

4. That the Deputy Sheriff be and is hereby directed to make all necessary
arrangements to remove from Alamein and Elim farms all ducks and exotic
birds and shall remove and deliver such ducks and birds to the S P C A,
Seke Road, HARARE.

5. The Applicants shall reimburse the Deputy Sheriff for all expenses
incurred and the Applicants shall meet the costs of storing such assets,
cattle, game and birds.

6. a. The aforesaid Zimstock Sales shall sell the cattle on behalf of the
Applicants if no application is made to this Honorable court to prevent
such sale within five days of the date of the service of this order and
the proceeds of such sale shall be paid into trust for the Applicants at
Gill, Godlonton and Gerrans Legal Practitioners.

b. That Riley's Machinery and Equipment of No 12 Coventry Road,
Workington, Harare be authorised to sell such movable equipment and assets
stored at the premises of Zimbabwe Leaf Tobacco and Curertec as authorised
by the Applicants' legal practitioners, Gill, Godlonton and Gerrans if no
application is made to this Honourable Court to prevent such sale within
five days of the date of service of this order and the proceeds of such
sales shall be paid into trust for the Applicants at Gill, Godlonton and
Gerrans legal practitioners.

7. The Applicants and/or his/its duly authorised agents shall assist the
Deputy Sheriff in making all necessary arrangements for the removal and
storage of the above-mentioned movable assets, cattle and game and birds.

8. The Deputy Sheriff shall call upon the Officer in Charge ZRP Beatrice
to render such protection to the Deputy Sheriff and those acting in terms
of this order to enable the Applicants' assets to be collected and removed
from Alamein and Elim farms.

SERVICE OF PROVISIONAL ORDER

The Deputy Sheriff shall serve this order on the Respondents with the
assistance of the Zimbabwe Republic Police if necessary.

BY THE JUDGE


DEPUTY REGISTRAR


For more infomation, please contact Jenni Williams
Mobile (Code +263) 91 300 456 or 11 213 885
Email
jennipr@mweb.co.zw
Office landlines: (+2639) 72546 Fax 63978 Email
prnews@telconet.co.zw





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