News update (On behalf of Justice for Agriculture)
Over 42 farmers
have today been arrested for 'overstaying' in their homes and on their farms.
This follows the appearance in Court by seven farmers summonsed to the
Magistrates Court to face charges on Thursday. The seven were remanded out of
custody. A further eight have signed warn and caution statements but are
being held out of custody.
The following is urgent advise to those
farmers targeted by this exercise that is in itself a violation of our
constitutional rights.
Advise to Farmers: 1. Farmers targeted by the
Zimbabwe Republic Police (ZRP) for arrest MUST attend court with or without a
lawyer. We are aware of the setting up of emergency courts and some of you
will have lawyers present but if not, you must still attend.
2. In
the absence of a lawyer in these courts, make no plea and no admission under
any circumstances but request the remand of the case to enable you to avail
yourself of legal representation. (This is a constitutional right under
section 18 of the constitution of Zimbabwe.) If the court refuses to respect
your request, you can refuse to take part and remain silent.
3. You
must however still proceed and draw the Court's attention to the George
Quinnell case and the provisional ruling thereof and cite one of the major
constitutional issues in the Quinnell case that applies to
your circumstances.
These are: (a) That you are a single farm
owner, only home, only source of income to support own family and
employees. (b) Section 16,1 (d) of the Constitution, which refers the
deprivation of the right to property ownership without an Administrative
court hearing. (c) Site Section 31 of the Constitution. We do not recognise
Minister Made as a lawfully appointed Minister of the Zimbabwean Government
as he has not taken the oath of office as required under Section 31 of the
constitution. (d) Section 24,3 of the Constitution - only to be used if no
other of these above criteria apply. This section refers to white farmers
being targeted, which constitutes racism. BEWARE of how you portray this, as
it could be inflammatory in court.
No court can proceed in the face of
one let alone two, constitutional issues raised and must remand the case to a
future date to accommodate for legal representation or refer the matter to
the Supreme Court for hearing. Farmers are advised to attend court with
cash in hand in case bail is demanded. We suggest approximately ZD $10
000.
To these loyal committed Zimbabwean farmers, who are cold and hungry
tonight along with six million starving Zimbabweans, we pay
tribute!
Police are as at 11 pm this Friday night, 16th August 2002,
still roaming Mashonaland West.
The farmers issued with summons on
Thursday 15 August 2002 appeared in court, they were remanded out of custody
with no conditions except Zim $ 5000 bail. 1. Mac Crawford - CFU
(Commercial Farmers Union) Regional Chairman 2. Gavin Connolly 3. Mat
Gloss 4. P. J. Cloete 5. L. C. Van Vuuren 6. Dudley Rogers 7. Colin
Martin - Umzingwane (was remanded - free bail)
Arrested and still in
custody at present: Nyamandlovu 1. Chris Jarred - FA Chairman. Suffers
from severe BP. If he doesn't't get his pills today his life will be in
danger. Has not been allowed food, neighbours pressing to allow him to have
medication. 2. Mike Wood 3. Craig Wood (son to Mike) 4. Wally Herbst
(Wildlife Producers Association) Chairman 5. John Herbst (Son to Wally) 6.
Robin Greaves 64 yrs old. He is 95% blind and an invalid. Dissidents shot him
three times in the early 80's. Was badly burnt last year in a fire. 7. Gary
Godfrey - son in law to Robin 8. David Olds Brother to Martin Olds and son
to Gloria Olds, both murdered within a year of each other. No arrests for
both murders to date. 9. Craig Anderson 10. Mike Querl 11. Brian
Querl
Inyathi 12. Fred Gerber 13. Cedrick Wilde 14. Bill
McKinley 15. PJ Huckle 16. M Huckle
Plumtree 17. Andrew
White
Hwange 18. Mike Bramfield 19. Aubrey Chatham Lugo
Ranching
Matopos South 20. Ben Van Vuuren
Bulawayo
Central 21. Alex Goosen 22. George Parkin
MASHONALAND
EAST Wedza 23. Tony Olivie 24. John Bibby (farm invaded post
Abuja) 25. Peter Bibby (Son the John) 26. Hank Viljoen (being held out of
custody due to ill health)
Harare South 27. Giles
Dorward
Beatrice / Featherstone 28. Boet Smith - went instead of his
father 29. Sarel Meyer
MASHONALAND WEST Chinhoyi 30. Peter
Dilmatis
Doma/ Mhangura 31. Wessels Viljoen 32. Peter
Viljoen 33. Frank Stedyl 34. Peter Du Toit 35. Clive Night 36. Mr
Horsley 37. Johan Du Toit 38. Jerry Van der Merwe
Chegutu 39.
Jan and Piet Zietsman 40. Mrs Jean Baldwin 41. Bill
Pace
Norton 42. Derek Skutt
FARMERS WHO SIGNED STATEMENTS BUT
ARE BEING HELD OUT OF CUSTODY - TO APPEAR IN COURT OVER NEXT FEW
DAYS.
MATABELELAND Hwange 1. Peter van der Berg (70) - (being held
out of custody due to ill health but will appear in Court with the
rest)
MASHONALAND EAST Wedza 2. Hank Viljoen (being held out of
custody due to ill health)
Macheke (They were finger printed and signed
statements and are to being held out of custody until Court Saturday
am.) 3. Dave Bradley 4. S. Arnold 5. G. Botha 6. J.
Melrose
MIDDLE SABI (Due For Court Monday) 7. Phil Baker 8. Chris
Menage
Some other snippets from Court today. Questioned and released
today: Douglas Follwell - Mimosa Nyamandlovu, Max and John Rosenfels
(Figtree). In Mashonaland West, Brendan Fox was arrested in error, Colin
Shand, in Conscession was also in and out as his Section 8 was declared null
and void on the mortgage bond technicality on Wednesday.
Colin Martin
(Umzingwane) reported the following: Yesterday around midday, a brand new
white Isuzu pick-up Reg no 750 046R with three men, all members of the land
committee, drove into his property. One of the men was the PRO for Mzingwane
Rural District Council, a Mr. M Mpofu who said he had come to introduce the 3
new owners of the farm to him. They were T. Magatshwa, M. Khumalo, and
refused to give the name of the third.
Martin asked which of them would
be getting the house and Magatshwa replied that he would. Martin questioned
where the original people who were to get his farm where (these included a
former Barclays Bank Manager and two government officials). Martin insisted
that he wanted this new change in writing.
Magatshwa went on to demand
to inspect the house - Martin refused. They then gave him until Saturday
17th August 1pm to pack and leave the property.
Martin also appeared in
court this morning. Yesterday afternoon, just after the lands people had
left, the police arrived and asked him why he had not left the farm and he
explained that his was a single owned farm. He was then told to make a
statement, was charged and ordered to appear in court this morning. He was
ordered to appear in court again on 3rd September.
Martin reports the sad
death of an elderly employee called Amos who used to tend farm sheep. Old man
Amos died on Tuesday evening after he suffered a stroke earlier that day. He
had became distressed about his future after Martin had a disposal sale of
the sheep herd. He was in his late 60's.
For more information, please
contact Jenni Williams Mobile (263) 91 300 456 or 11 213 885 Or email jennipr@mweb.co.zw