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

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00:31 2002-11-26

Zimbabwe: ZANU leader wants 6 million of his countrymen dead

The administrative Secretary of the ruling ZANU-PF party in Zimbabwe,
Didymus Mutasa, has declared that the country would be better off with six
million of its citizens dead. Now the government is distributing food only
to Shona speakers, condemning the populations who voted for the MDC to death
by starvation. Robert Mugabe's ZANU-PF regime is a murderous, evil clique
comparable only to the world's worst tyrants, such as Pol Pot, Bokassa, Idi
Amin and the CIA's former protege, Suharto.

Mutasa declared to the press during the weekend that "We would be better off
with only six million people, with our own (Shona) people who support the
liberation struggle. We don't want all these extra people". By "extra
 people" Zimbabwe's leading civil servant means the people who live in
non-Shona-speaking areas, who in their majority supported the opposition
party, Movement for Democratic Change.

Food aid is being distributed only to Shona speakers, those in charge of
distribution being watched closely by ZANU-PF party officials. Due to the
crop failures this year, those living in areas which are wholly dependent on
food aid and who do not receive it, are dying. Robert Mugabe's murderous
regime is carrying out a policy of ethnic cleansing while the rest of the
world concentrates on Saddam Hussein's Iraq, where scores of children have
died as a result of the embargo imposed by the international community, not
through the actions of the country's government.

Where are the humanitarian inspectors, where are the threats against Mugabe?
There aren't any.

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Zanu Pf Takes Zimbabwe to Ground Zero

Zimbabwe Independent (Harare)

November 22, 2002
Posted to the web November 22, 2002

Jenni Williams

"We would be better off with only six million people, with our own people
who support the liberation struggle," said Didymus Mutasa, a Mugabe
confidant and Zanu PF organisation secretary. He was quoted by the UK Sunday
Times as saying: "We don't want all these extra people."

The same article quoted Vincent Hungwe as saying: "We may have to take this
whole system back to zero before we can start it up again and make it work
in a new way."

Many black and white Zimbabweans in politics, in agriculture and soon those
in business, will see the meaning of what he meant by zero courtesy of
"Chave Chimurenga" ("Now it is war"). A war of attrition called to
dehumanise six million people. It is not by accident that most aid
organisations peg those starving in Zimbabwe at that same figure - six

This week we had the admission from the Minister of Information that
politics motivates government policy. The Daily Mirror quoted Professor
Jonathan Moyo telling members of the Joint Military Command: "It is our duty
to articulate government policy, to explain government policy And we do that
fully aware that we are not a neutral government, but a Zanu PF government."

Strange that the sovereign wishes of the Zimbabwean people did not feature
in his equation. Is this an admission that long gone are the dividing lines
between party and government?

First, it has been said that "Chave Chimurenga" is a controlled revolution.
We have heard that this onslaught is called the Third Chimurenga and that
the Fourth Chimurenga will target business. An economist expressed his view
of the budget by saying, "Murerwa started off by saying all the right
things, but in the spirit of the budget are all the wrong moves."

No mistake, it is the beginning of the Fourth Chimurenga. Rest assured that
once all the cronies are in position and have "acquired" the business sector
all the right moves will be made to enrich the politically correct. That is
if we have not found a way to make the crooks accountable.

Two matters need urgent attention if we are to regain our status as southern
Africa's breadbasket as well as repossess our former respectable position in
international circles. Primarily, the prevalent incidents of politically
motivated violence need to cease and the guilty parties paraded before
Zimbabweans to face personal liability for their actions. Then there is
urgent need for the setting up of a temporary property owning trust until
such a time that full legitimacy is restored.

To achieve the first objective, an Accountability Commission should be
established and provide reason to stop the violence. This commission would
not have to be set up with government involvement, and need not be housed in

The offer would be of clemency but not always a complete amnesty, depending
on the severity of the crime and the extent of involvement. The clemency or
amnesty would be in accordance with the recommendations of a panel, which
takes account of information provided by and in consultation with victims or
their families.

It would be beneficial that the commission covers not just the current
crimes of violence in Zimbabwe but past episodes such as Gukurahundi and, if
need be, those crimes committed before 1980. It must extend to government
corruption and international law crimes such as condoning or concealing the
use of torture and extra-judicial killings by state officials or with the
state's sanction since 1984 (being the date of the UN Convention against
Torture (UNCaT) and institutionalised racism.

There will be a need to create public awareness that under international
criminal law now, even though Zimbabwe's president has never signed UNCaT,
participating in/condoning/ covering up any such crimes with any state
complicity creates a lifetime liability for civil and criminal suits. There
is still liability "anywhere, anytime" in 127 signatory countries, with no
pardons given.

We therefore suggest the setting up of a temporary independent Property
Owning Trust to receive and hold in trust for the people of Zimbabwe all
rights and interests in farmlands or farming equipment which any existing
owners choose to cede in return for fair compensation.

The rights thus purchased will be held in trust until the land can be
redistributed by a legitimate government under a democratic constitution
making the government accountable to the people, and in accordance with a
fair and sustainable policy of agrarian redistribution of land to those who
genuinely require it.

The Trust would simultaneously provide assistance and support to
farm-workers who have not opted for retrenchment. We would need to identify
beneficiaries and render appropriate support to persons forcibly displaced
from their homes who now have no means of survival.

A recent survey conducted by the Zimbabwe Community Development Trust
indicated that already 150 000 agriculturally skilled employees are jobless
and only 34 000 of these have somewhere to go to start a new life. At least
750 000 have been displaced since the land invasions began after February

The resulting food shortages, the HIV rate and poverty in the country, the
sudden closure of productive businesses and lack of farming capacity amongst
"new farmers" are political policies recklessly endangering lives -
particularly as they are coupled with restrictions on importing relief food.

Zimbabweans who voted "No" in the constitutional referendum in 2000 must
realise that the road to democracy has no U-turn. We must remain committed
to seeking once again a unifying stance and voice in saying "democracy and
human rights will win over evil". Let's make them accountable sooner rather
than later.

Jenni Williams is PR Newsmakers MD and past spokesperson of Justice for
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Business Day

Fuel tops the list of commodities for which Zimbabweans queue up

Zimbabwe has become a land of long queues. At the TM Supermarket in Harare's
Chadcombe shopping centre, a long line of people snakes out the door. Three
other equally tortuous queues stretch across the adjacent road, almost
blocking traffic.
The situation is the same throughout urban Zimbabwe. People wake up early to
queue for hours for bread, fuel, paraffin and maize meal.

The fuel shortage has become particularly acute.

Shortages of fuel have been occurring since 1999, sparked by lack of foreign
currency to import or the country's inability to pay suppliers.

Zimbabwe is getting fuel from Libyan oil company Tamoil. The government
secured a 360m line of credit from Tripoli last year and renewed it in
September, but this has failed to guarantee steady supplies due to erratic

While Zimbabwean President Robert Mugabe is an ally of Libyan ruler Muammar
Gaddafi, Tamoil is insisting on a commercial arrangement.

Tamoil, which is based in Monaco, France, is owned 55% by Europoil
Netherlands BV, a private consortium, and 45% by Libya's state-owned
National Oil Corporation.

Initially, the fuel deal required government to pay Tamoil in domestic
currency, which was remitted to the Jewel Bank, in which Libyans later
bought a stake using that money, but the situation has now changed.

Fuel is now supplied on a cash-on-delivery basis.

Other companies that have been supplying Zimbabwe with fuel include Kuwait's
Independent Petroleum Group and Sasol, whose 20m line of credit was reported
recently in the press as having expired. In a recent admission of failure to
resolve the fuel crisis, Mugabe recently complained of having sleepless
nights as well as "stomach aches and headaches" as a result of scrounging
for fuel.

He subsequently ordered government to deregulate fuel imports to allow
multinational companies to bring in their own consignments.

Government and industry are currently working on mechanisms of implementing
the new fuel policy.

In the past 22 years, fuel procurement has been monopolised by the state-run
National Oil Company of Zimbabwe. Government refused to liberalise the
sector, arguing that fuel was a strategic commodity.

Bread shortages, meanwhile, have gripped Zimbabwe for the past six months.

The lack of wheat stems from the collapse of agriculture as a result of
government's land reforms, as well as drought conditions. Price controls,
imposed on many basic commodities by the government last October in a bid to
put a lid on skyrocketing inflation also played a role in the shortages.

Earlier this month, the government extended the price freeze to cover fuel,
newspapers and building material. This is likely to inflict further harm on
companies that use inputs the prices of which are not controlled. The
Confederation of Zimbabwe Industries estimates that at least 1500 companies
have closed in the past two years.

Interconnected with shortages is Zimbabwe's inflation nightmare.

Official estimates put inflation at 144,2%, while independent economists peg
the figure at a minimum of 200%.

During his national budget presentation earlier this month, Finance Minister
Herbert Murerwa admitted that spiralling costs are now generating their own
momentum, and that inflation is a national disaster.

While other queues are getting longer as basic commodities' shortages become
critical, queues for maize meal, Zimbabwe's staple food, may soon vanish as
the commodity becomes increasingly scarce.

With the country's meteorological offices predicting another drought next
year, the queues will almost certainly disappear. But, in the meantime,
Zimbabwe remains a country of queues something that was difficult to imagine
just three years ago.

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     SA motorists warned against buying petrol from Zimbabwe
            November 26, 2002, 07:30

            The South African Fuel Dealers Association has warned motorists
against buying petrol from Zimbabweans at the Beit Bridge border post or
nearby Musina.

            Jeff Osborne, an association spokesperson, says not only is this
illegal, but the Zimbabwean petrol could damage car engines, as its quality
is unknown. Osborne was reacting after an SABC News team visited Beit
Bridge, and found that Zimbabwean petrol was being sold at a lower price
than the South African product.

            Zimbabwean fuel is going for about R2,50 a litre, compared with
over R4,20 in South Africa. Osborne says the matter will be referred to the
Department of Mineral and Energy Affairs. He has also warned that the police
will be requested to intervene.
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British Charity Resumes Feeding Operation

UN Integrated Regional Information Networks

November 26, 2002
Posted to the web November 26, 2002


Save The Children's Fund (SCF) has resumed its operations in Zimbabwe
following the lifting of a ban that prohibited the British charity from
distributing emergency food aid.

In October SCF and Oxfam, another British NGO, were banned from distributing
food aid supplied by the World Food Programme. Additionally, SCF was ordered
to stop distributing its own food to people in the Binga district of western

However, an agreement last Tuesday between the government and SCF has
enabled the organisation to restart its programmes.

SCF's Programme Manager Chris McIvor told IRIN: "The agreement between
ourselves and the authorities is based on the SCF's guiding principles under
which we have always operated in Zimbabwe. We will seek full cooperation
with local authorities in areas where we conduct our feeding schemes. Also,
we will continue to deliver non-partisan humanitarian assistance."

Last year the government accused aid agencies of using food relief to
campaign for the opposition Movement for Democratic Change.

McIvor said that 3,000 people in Binga had already received rations of
maize, cooking oil and beans, adding that a further 30,000 people would be
fed in coming weeks. The numbers of beneficieries is expected to increase to
125,000 per month until April 2003.

"We have 350 mt of food aid in storage which we need to move. Because of the
temporary suspension which caused a delay in our distributions we are trying
to catch up," McIvor added.

He pointed out that while SCF had yet to conduct a nutritional analysis of
beneficiaries, fieldworkers had not reported any deaths linked to severe
malnutrition or starvation.

"This is not say that there has not been any deaths as result of the acute
food shortages but we have not recorded any so far," McIvor said.

WFP has estimated that close to seven million are in need of emergency food
aid until the next harvest in March/April 2003.
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Financial Times

Market Focus: Zimbabwe's bull run turns tail

By Tony Hawkins in Harare
Published: November 26 2002 18:12 | Last Updated: November 26 2002 18:12

A fortnight ago, the Zimbabwe Stock Exchange industrials index at 130,900
was showing handsome real gains, even outpacing the country's rapidly
escalating inflation rate. In a year fraught with controversial elections,
serious drought, chaotic land resettlement and an estimated 11.9 per cent
slide in real gross domestic product, the market had risen almost 168 per
cent, compared with inflation of about 150 per cent.

Not all of this can be explained by asset price inflation, though this was a
contributory influence. Corporate results tell a surprising story. The most
recent results of 20-odd industrial companies show a 31 per cent gain in
pre-tax profits, crudely adjusted for inflation, while in US dollar terms,
converted at a blend exchange rate - not the massively overvalued official
rate - corporate profits are up 15 per cent this year.
Remarkable though this is, no less astonishing has been the sudden dramatic
reversal in the past two weeks. When Herbert Murerwa, the finance minister,
in his 2003 budget tried to close the parallel market for foreign exchange,
following this with a blanket price freeze on just about everything, the ZSE
bull run collapsed into a rout. In just nine trading days, the index has
lost almost 30 per cent of its value, closing on Tuesday at a four-month low
of 92,162.
Prices have fallen right across the industrial board with Old Mutual - a
much sought-after currency hedge - down a quarter. Meikles Africa, another
currency hedge, is down 24 per cent, while Delta Corporation, which recently
announced spectacular half-year results with US dollar profits up 200 per
cent, has lost 34 per cent.
Whether this is the much-anticipated shakeout or a temporary adjustment
while entrepreneurs find their way around the latest, plainly unworkable,
government controls remains to be seen. Businessmen and economists almost
all agree that the three key planks of the Mugabe government's economic
recovery platform - a clampdown on the parallel market, a price freeze and
the so-called "new deal" interest rate system - cannot, and will not, work.
"It is not a matter of if they will unravel, but how and when," says one
mining executive. "If they don't, we are not likely to be able to stay in
This is because the new exchange rate policy apparently requires exporters
to sell all their export earnings at the official exchange rate of Z$55 to
the US dollar. Pre-budget, exporters were selling only 40 per cent at the
official rate and the balance of 60 per cent at rates as favourable as
Z$1,600 to the US unit, giving them an effective blend rate of more than
The government's other measures are in trouble too. There has been a rush of
price increases since the controls were imposed, with the price of milk
going up 57 per cent at the weekend. Business believes they are
unenforceable, though there is some nervousness about the government
deploying the youth militia to ensure shopkeepers abide by the rules.
It is the same story with interest rates. The fundamentals - a borrowing
requirement of 20 per cent of GDP when savings are less than half that -
point to a monetary explosion and even higher inflation next year.
However, the three pressure points - the exchange rate, interest rates and
price controls - play out, it may be that investors have concluded that they
have lived dangerously for long enough, awaiting some clarity on the
economic policy front, before again plunging into so volatile a market.
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The Times

            November 26, 2002

            Zimbabwe uneasy over ICC scrutiny
            From Jan Raath in Harare

            AN ASSESSMENT of Zimbabwe's capacity to hold its quota of six
World Cup matches next year begins today with the commitment of the country'
s small but zealous community of cricket supporters broken by economic
collapse and outrage that President Robert Mugabe, the architect of the
country's misery, continues to be the patron of the Zimbabwe Cricket Union
            Tim Lamb, of the ECB, was the first of the 12-man delegation
from the ICC to arrive here yesterday for the three-day inspection of
security arrangements for the matches.

            At the same time, cricket fans were told in advertisements in
the local press of a hitherto unheard-of range of restrictions that will ban
them from taking their beloved gas barbecues, beer-filled cooler bags and
binoculars into the grounds of Harare Sports Club in the capital and Queen's
Ground in Bulawayo.

            The loss of the World Cup matches here - with Australia,
England, Holland, India, Namibia and Pakistan due to feature - would inflict
a critical blow on the ZCU, which has spent about $750,000 (about £480,000)
on bringing its two main grounds up to standard in the past two years. It
also expects to earn about $6 million (about £3.8 million) from its share of
world television rights, as well as one-thirteenth of the profits taken from
the tournament by South Africa, the main hosts.

            "The big extra is hosting the event and exposing our public to
the World Cup and it will be the most exciting thing we coud possibly have
in our own back yard," Vince Hogg, the ZCU's chief executive, said.

            However, the present tour to Zimbabwe by Pakistan, who normally
draw large crowds, has attracted a dismal response. In Bulawayo at the
weekend the two one-day matches at Queen's Ground, with a capacity of 6,000,
attracted perhaps 2,500 spectators, half of them schoolchildren bussed in
from the townships. Bookings in Harare for the remaining three one-day
matches have been "way below normal", officials said.

            A call by local human rights organisations for a boycott of
international cricket matches here has been enthusiastically taken up by
many cricket supporters, drawn from Zimbabwe's community of about 50,000
whites and the country's black middle class.


Tuesday, 26 November, 2002, 16:53 GMT

Zimbabwe will not face sanctions

 Cricket's ruling body has rejected a sporting embargo on Zimbabwe ahead of
next year's World Cup.
A 10-man International Cricket Council delegation is currently on a
three-day tour of Zimbabwe to inspect the security arrangements.
They will decide whether World Cup games can be staged in the country after
the inspection.
But ICC chief executive Malcolm Speed, who is in Zimbabwe, said they would
not concern themselves with political matters.

"Sporting sanctions are a blunt instrument that are generally not effective.
Cricket can do something positive in countries where it is played and
enjoyed," he said.
"It is not our function to evaluate the political regime of any country.
They are issues for politicians not cricket administrators.
"We will be taking into account all relevant matters."
The inspection team will publish their report on 9 December, according to
The ICC is keen to avoid a repeat of the situation during the 1996 World
On that occasion, Australia and West Indies refused to travel to Sri Lanka
because of safety concerns, choosing instead to forfeit the matches.
The ICC inspection has already fallen under a cloud with two English
newspaper journalists refused visas to report on the event.
The Zimbabwe Cricket Union's chief executive Vincent Hogg told BBC Radio
Five Live he was "surprised" that journalists from the Daily Mail and the
Times had been banned.
He went on: "We were very disappointed with that. I cannot understand the
reason why the two journalists were turned down."
Hogg added: "We are making sure that for the World Cup that the press and
media are going to be able to report on the games.
"They are our partners in everything we do."

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The Age

Zimbabwe blocks cricket media
Tuesday 26 November 2002, 22:06PM

Questions have been raised over the 2003 cricket World Cup after co-hosts
Zimbabwe refused to allow British journalists into the country for a venue

Reporters planning to accompany International Cricket Council inspectors on
a fact-finding tour this week were refused visas in an ominous sign before
competition starts in February.

The ICC said there were no guarantee that foreign journalists would be able
to cover the six World Cup games played in the strife-torn African nation,
which is co-hosting the tournament with South Africa and Kenya.

Asked if the organisers had to admit reporters to the tournament, an ICC
spokesman told British newspaper The Times: "Our expectation is that this is
the case."

But the spokesman did not say that the ICC could insist on it being carried

ICC inspectors are checking security arrangements in Zimbabwe, which has
been racked by political and economic turmoil over the past two years.

Nearly 200 people have been killed in political violence, causing Australia
to cancel a planned cricket tour there earlier this year.

The ICC delegation will decide whether the six Zimbabwean matches, including
England's opening match on February 13, can go ahead.

World champions Australia takes on Zimbabwe at Bulawayo on February 24 and
plays its other five round robin games in South Africa.

The reporters had received letters supporting their visa applications from
the ICC but were told yesterday, when they were due to leave, that they
would not be granted.

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The Times

November 26, 2002

Zimbabwe's bouncer brings new concern for World Cup

BRITISH journalists have been refused visas to accompany international cricket inspectors on their fact-finding tour of Zimbabwe this week, so plunging the 2003 World Cup, now only 75 days away, into further disarray.

The inspection tour was designed to allay security fears over the staging of cricket’s quadrennial showpiece, which is also under threat from a row over player sponsorships.

The International Cricket Council (ICC) said yesterday that there were no guarantees that overseas reporters would be allowed to cover the six World Cup games in Zimbabwe, which will be co- hosting the tournament with South Africa and Kenya. Zimbabwe has been racked by political and economic turmoil in the last two years with nearly 200 people killed in political violence.

The decision of the Zimbabwean High Commission not to grant visas has outraged the British Government. Richard Caborn, the Sports Minister, said last night: “I do not accept that any country should censure qualified journalists from reporting on sporting events. If they (the Zimbabweans) are going to ban journalists in this way, then I think that the ICC, the governing body, should consider whether this is a fit and proper place in which to run international cricket matches.”

The two reporters, Owen Slot, the Chief Sports Reporter of The Times, and Huw Turbervill, who was to have worked for the Daily Mail, were to have joined the ICC inspectors on their three-day security examination, just as reporters have been accompanying the United Nations officials on weapons inspections in Iraq.

The ICC group, including the representatives of all six countries scheduled to play matches in Zimbabwe, is to recommend whether the games can go ahead safely during the World Cup. Otherwise, the ICC could switch them to Bloemfontein in South Africa.

The journalists received letters supporting their visa applications from the ICC, but, yesterday, when the pair were due to leave, they were told that these would not be granted. A spokesman for the Zimbabwean High Commission said: “This is not a blanket decision. We make a decision on a case-by-case basis.”

However, there would be uproar if this were to be repeated for the World Cup because countries holding international sports events are obliged to admit journalists. England’s opening game in the tournament, which runs from February 9 to March 23, is scheduled to be in Harare against Zimbabwe on February 13.

The ICC had verified the credentials of Slot and Turbervill to the Zimbabwean High Commission and said that they had no objections to the pair “coming along”. The world governing body has even organised a media conference in Harare.

An ICC spokesman said of the refusal to grant visas: “We only found out about it today and we are uncertain what the reasons are. One of the benefits of staging the World Cup is the widespread coverage of the tournament.”

When asked if the organisers had to admit reporters to the tournament, he replied: “Our expectation is that this is the case.” However, he did not say that the ICC could insist on this being carried out.

John Read, the director of corporate affairs for the England and Wales Cricket Board, said: “I know that the ICC is looking into this development (Slot and Turbervill not getting visas) as a matter of urgency. We would be very concerned if British journalists are going to be unable to cover our game in Zimbabwe.

“We want the widest coverage possible and that is why we have asked the ICC to find out on what grounds these reporters have been denied entry.”

The news also surprised the Zimbabwe Cricket Union. Vince Hogg, its chief executive officer, said: “I haven’t been consulted at all. We hoped to accommodate all the journalists who wanted to come and sent a letter to the consulate urging them to that effect.”

Malcolm Speed, the chief executive of the ICC, who is leading the security delegation, is also embroiled in the issue of player contracts, which still threatens to undermine the tournament. The ICC is anxious to avoid a repeat of the build-up to the Champions Trophy in Sri Lanka two months ago when leading India players — including Sachin Tendulkar and Sourav Ganguly — came close to refusing to play after being told they could not endorse products in the same market as official event sponsors for 30 days before and after the cricket.

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General information from JAG

This message comprises two parts. The first is a legal brief of what JAG
is doing, as well as an explanation of the law surrounding the Land
Acquisition Act, which has assumed a complexity of late that leaves most
of us flustered. We have endeavoured to explain it in terms that will make
it comprehensible to most people. The second part is a brief on the
subject of loss documents, which are of paramount importance to all
farmers, whether displaced or still farming.



 JAG is now legalized as a trust with a board of Trustees comprising eight
founder members and is registered as such with government. Various
associations will be formed under the trust as beneficiaries the first
being a membership association for farmers. This will allow JAG to
litigate on a representative basis and the first legal challenge under the
JAG banner will be to Amendment No. 2. Amendment No.2 to the Land
Acquisition Act 2002 was signed into law and gazetted on Friday 25th
October 2002. Section 8 orders so far received by property owners after
this date are identical in appearance to previous Section 8 orders causing
much confusion around the country.

 The easiest way to dispel confusion relating to the new (No. 2) legal
process is to start at the beginning and work through the legal process.
Any land that has been under agricultural use within the preceding fifty
years can now be targeted for acquisition for resettlement for
agricultural purposes. This could include as much as eighty percent of
modern urban, industrial commercial and residential land over 2 Ha and
deemed underutilized. Larger residential properties on the peripheries of
Harare are already being targeted with Section 5 orders as well as
agro-industrial businesses in Bulawayo and Harare.

 The property must be listed correctly in terms of a Section 5 preliminary
notice and in terms of the title deed in an official newspaper (Herald and
Chronicle) consecutively a week apart. (No Change).

 Within 30 days of a section 5 Preliminary Notice to Acquire appearing in
an official newspaper, a written section 5 notice must be served on the
owner/occupier of the property, listed, and a Certificate of Service
signed. (No Change).

 The owner of the property having received a section 5 notice of
Preliminary Notice to Acquire should, if he wishes to object, lodge with
the Ministry of Agriculture, within thirty days, a letter of objection
stating the reasons for objecting. This should be served in conjunction
with a Certificate of Service document that is signed at the Ministry of
Agriculture as proof of receipt and should remain in your custody (No

 Previously any "interested party" (i.e. bond holders, water authorities,
servitude holders etc) had to be served with section 5 notice at the same
time and likewise a Certificate of Service signed. Now, under Amendment
No. 2, if a section 5 order is not served on the holder of any registered
real right in the land to be acquired at the same time as it is served on
the owner of the land, "this shall not render the preliminary notice
invalid as long as it is served on such holder at any time -

1.  Not less than 30 days before the making of a section 8 order; or

2.  where more than one order referred to in subparagraph (1) is made
because the original order was or became invalid for any reason, not less
than thirty days before making of the new order".

It is widely agreed by attorneys that this legislation is constitutionally
unsound and must be attacked.  For the time being the new law stands, and
partially closes the Tengwe Estates "interested parties" (bond holders
etc) procedural irregularity loophole but only by allowing government more
time to serve.

 The life span of a Section 5 order is two years from the date of service
and automatically becomes invalid after this time if a Section 8 order is
not served during this time or if a section 8 order becomes invalid and
remains so. A Section 5 order is purely a notice of intention to acquire
and must be made procedurally correctly during the allotted time period
for a legitimate Section 8 order to be served. Any procedural infringement
or irregularity could be grounds for a challenge to set aside in the High
Court the Section 8 order. The Section 8 order is the effective
acquisition of the property by the government.

It must be remembered that the 90 day maturity period for a section 8
order is still intact unless declared invalid in which case the new laws
take effect.  It is urgent, therefore, to set aside section 8 orders
wherever possible.  A Section 8 order can be served anytime during the
2-year validity of a Section 5 notice. Once served, the Section 8 has a
ninety day maturity period from Date of Service, not the date of signing
and again it should be served with a Certificate of Service signed by the
owner / occupier or an employee. The 90-day period provides for a 45-day
period to wind up operations and a further 45-day period to vacate the
property. If in the case of non-compliance the owner / occupier is still
present on the property after this period, he can be arrested and charged
for being in breach of his Section 8 order and prosecuted as such in a
magistrate's court. The setting of harsh bail terms in recent cases was
ruled as illegal by Justices Kamocho / Smith where it was held that
magistrates had no jurisdiction to set bail terms. So the forced eviction
at short notice and the other harsh bail terms was and is illegal. This
was further substantiated by the recent Bulawayo High Court interim relief
ruling by Justice Cheda where he stated:

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

1.  That the Zimbabwe Republic Police be and are hereby interdicted from
evicting any farmer from his farm until such time as the Administrative
Court has confirmed the acquisition and there is a lawful court order
evicting the said farmer.

2.  That any farmer unlawfully evicted from his farm be and is hereby
permitted to return to the said farm and that the first and second
respondents are hereby ordered to ensure that the farmer is restored to
his farm.



The Justice CHIWESHE ruling in the BULAWAYO HIGH COURT which contradicted
the JUSTICES KAMOSHO / SMITH ruling predating it will be dealt with in a
further application to the HARARE HIGH COURT asking for clarification by
establishing what reasonable bail terms should apply.

 It must be stressed that a first time section 8 order pertaining to a
valid section 5 order has a 90 day maturity period. Only in the event of
the Section 8 order being invalidated for whatever reason and in the event
of a re-issue or subsequent Section 8 order does the seven-day maturity
period apply. The exact text is duplicated below verbatim:

            "(2) Where an order made in terms of subsection (1) of Section
eight in relation to any agricultural land required for resettlement
purposes is or becomes invalid by reason of the failure:

a) to serve a preliminary notice on the owner of any registered real right

b) to apply to the administrative court for an order confirming the
acquisition within thirty days after coming into force of the order;
(SIMON and SIMON PRECEDENT LOOPHOLE) or for any other reason whatsoever,
the service on the owner or occupier of the land of a subsequent order in
substitution for the invalid order -

(1) before the expiry of ninety days from the date of service of the
invalid order shall constitute notice in writing to the owner or occupier
to cease to occupy, hold or use that land or his living quarters on that
land, or both such land and living quarters, as the case may be, before
the expiry of the unexpired period of notice that would have applied if
the invalid order were still in force; or

(2) after the expiry of ninety days from the date of service of the
invalid order shall constitute notice in writing to the occupier to cease
to occupy, hold or use the land and his living quarters on that land seven
days after the date of service of the subsequent order on the owner or
occupier, and if he fails to do so, he shall be guilty of an offence and
liable to a fine not exceeding one hundred thousand dollars or to
imprisonment for a period not exceeding two years, or to both such fine
and such imprisonment.

(3) A court which has convicted a person of an offence in terms of
paragraph (b) of subsection (i) or proviso (ii) thereto or subsection (2)
shall issue an order to evict the person convicted from the land to which
the offence relates."

 What is established in both amendment No. 2 and especially in the light
of the JUSTICE CHEDA ruling is that there can be no eviction without
conviction and that the Administrative Court must confirm the acquisition
of the property before any eviction can take place. In the Administrative
Court it is incumbent upon the State to prove the necessity of acquiring
the property and the suitability of the property for resettlement. In the
event of a Section 8 order being set aside in the High Court and the
section 5 order then being out of time (i.e. more than two years has
lapsed) a re-issue or subsequent Section 8 order cannot be immediately
issued. The process then has to be restarted with re-listing i.e. new
Section 5 process. This will apply to many section 8 orders updated to the
10th May by the 10th May amendment. Reprocessing will result in the
section 8 having a 90-day maturity period.

 The amendment to Section 7 of the Land Acquisition Act under amendment
No. 2 states that:

"(4a) If an application (to acquire) in terms of subsection (i) is
accompanied by a statement in terms of subsection (2) stating that the
land concerned -

(a) was at anytime within the preceding fifty years used for agricultural
purposes and

(b) is to be acquired for resettlement for agricultural purposes;

it shall be presumed that the land is suitable for resettlement for
agricultural purposes."

 This is an attempt to circumvent the Administrative Court but certainly
does not deal with proving the necessity for acquisition. Proving
necessity for acquisition is becoming more difficult if not impossible in
the light of impending famine and starvation not only in the country but
also in the region. Also the increasing inability and ineptitude of the
State to supply the necessary back up and services in terms of tillage and
inputs for a meaningful land reform programme is becoming more blatantly
obvious and desperately apparent. The same inability and ineptitude is
reflected in the illegal application of the land acquisition act, and the
unconstitutional amendments thereto reflect this. It has been shown beyond
doubt that land reform is being used, not as a means of poverty
alleviation, but as a political tool for total control of the people.

 A Section 7 order should be registered in the Administrative Court within
30 working days of Service of a Section 8 order and served on the owner /
occupier within a reasonable time (say 14 days). It is imperative that
one's legal practitioner monitors the administrative Court roll for this
to ascertain if the Section 7 order is out of time. There is no guarantee
of a court hearing and one could wait up to 2 years for this. However the
process can be challenged in the High Court if the Section 7 is "out of
time" and the Section 8 order can be set aside on these grounds. (SIMON

 One's day in the Administrative Court may be the ultimate reprieve.
However, many Section 7's are withdrawn at this stage because of
procedural irregularities and other reasons allowing for the process to be
restarted, but not from scratch. Often this involves just the withdrawal
of the Section 7 order and the Section 8 order is still valid. Those who
objected and were lucky enough to have had cases heard were successful and
this is the ultimate reprieve as the property is unlikely to be re-listed.
The government has only ever won two such cases one of which has gone for
appeal in the Supreme Court.

 So where does this leave the commercial farmers displaced, otherwise or
in between? It is essential that we use the courts and litigate wherever
possible in order to mitigate our losses and prove the illegality of the
process we are caught up in. This is absolutely essential when it comes to
compensation, either in the form of restitution if we manage to level the
playing field here with a return to the rule of Law and respect for
property rights and title, or in the eventuality of total loss and
external compensation. The quickest way to destroy the constitution, the
judiciary and the legal system is by not asserting your legal rights in
bringing the cases which uphold the judiciary and constitution.
Passiveness is construed as acquiescence, compliance and complicity to the
constitutionally illegal system and has adverse ramifications when it
comes to compensation.

 The setting aside of Section 8 orders and institution of litigation to
remain legally in possession of ones land and or property, or, in the
event of a tactical withdrawal or unlawful forced eviction to remain in a
strong position with title deeds uncompromised and protected and moveable
assets safe is all essential for the legal and constitutional cases to be
heard in the Supreme Court. The Quinnell case which raises 8
constitutional points should be heard in the Supreme Court
January/February next year. It was our hope to get the Quinnel case heard
in this term September / October / November. However it is our intention
to employ the services of the best constitutional advocate available from
South Africa and this is not only expensive but the advocate also requires
registration here, hence the delay. We need only succeed on one
constitutional point of the eight to win the case and destroy not only
every Section 8 order but the whole unconstitutional "fast track process"
initiated under the 10th May Amendment and amendment No. 2.

Other Litigation Initiatives in the Pipeline

 SI6 Amendment to the Labour Relations Act

 JAG has for some time now been constructing a challenge to this on
constitutional grounds. We are now looking at the possibility of doing
this in conjunction with GAPWUZ as the only legal representative of farm
workers. There has been enough water under the bridge to show the
devastating effect of this retrenchment on the worker sector. This, like
any constitutional challenge, takes time. The only way to challenge with
immediacy as an urgent action is on an individual basis with someone under
immediate threat at the time the application is made. We need that
individual to come forward. With regard to the retrospective side of SI6
in that it was backdated to 1997, we have the perfect individual for this

 Rule of Law

JAG intends to bring a challenge as a representative urgent action under
the JAG banner to highlight and prove ZRP complicity in the breakdown of
law and order either by direct involvement or omission of duty at station
level. This will complement the Matabeleland High Court Justice Cheda case
against ZRP hierarchy. We are looking for individuals from each of the
eight provinces to build this case with some urgency.

 Bail Terms Challenge

magistrates at district level hearing cases of infringement of Section 8
orders have no jurisdiction to set harsh bail terms which include eviction
before conviction. Some three weeks later JUSTICE CHIWESHE in the BULAWAYO
HIGH COURT passed a ruling which on the face of it contradicts the two
prior Harare High court rulings. A case is being submitted in the HARARE
HIGH COURT to clarify this matter and if necessary rule exactly what the
bail terms should be. This is essential in the light of Amendment No. 2 of
the Land Acquisition Act and the possibility of seven-day Section 8

 In the meantime, we urge all farmers to stand up for their legal rights
and fight by litigating in the courts on an individual basis to protect
those rights and uphold the constitution, the legal system and judiciary.
Any advice needed is readily available from JAG's legal team. It is also
in your interest to come to us for advice in case we can put you in touch
with similar legal initiatives in the form of representative actions, or
to put you in touch with lawyers specialising in particular fields of
litigation. This will result in considerable time and cost savings.

 John Worsley-Worswick


Vice Chairman.



I cannot emphasize nor stress enough the importance of farmers completing
comprehensively and in as much details as possible, the JAG LOSS CLAIM
DOCUMENT. These were designed well before the 8th of August deadline not
only as a pre-emptive tool to be used at the farm gate in the event of a
forced illegal eviction, but also with a view to the ultimate fall back of

Compensation in a first world context is very broad based, comprising:

 1. Land and improvements (title deeds and valuation)
 2. Moveable assets (asset register with valuation)
 3. Loss of profits (previous and projected trading accounts)
 4. Consequential losses (chronology and diary of events leading up to
    and pertaining to losses)
 5. Trauma
 6. Relocation (cost schedule verified and substantiated by chronology)

The basal document for compilation of the JAG LOSS CLAIM DOCUMENT together
with a checklist of documents to be included is available electronically
or as hard copy from the JAG offices in Harare or Bulawayo. Likewise, a
completed loss document can be studied as an aid, or advice given in
either office.

The advice of a London-based Q.C. Richard Benson, who visited the country
for two weeks in July, was invaluable in contribution to and formulation
of JAG's legal strategy, especially with regards to restitution and or
compensation. Litigation in the courts to mitigate losses and prove
illegality and unconstitutionality of the whole process leading up to
eviction without conviction, having been deprived of a day in the
administrative court was and is fundamentally essential to this strategy.
Doing nothing, or worse, signing various of the LA forms (especially LA3),
which in effect withdraws any objection and obviates legal challenge,
resulting in the possible compromise of the title, would constitute
acquiescence to any losses and is seen as a dangerous option to pursue,
especially when it comes to compensation. Legal opinion is quite clear on
this. The argument of DURESS is only relevant in a situation of immediacy,
and not over a prolonged period of time, as is the case with LA3
compliance and acquiescence to maximum farm size (what the state terms
"co-operation"). The LA3 is essentially political policy and not law, nor
is it in keeping with the constitution: the state has no compensation fund
to pay for ceded land and no surveyors to legally survey the subdivisions.

 JAG's first priority has been and remains the leveling of the "playing
field" here by litigating in the courts to affect a return to the "rule of
law" and respect for property rights as enshrined in the constitution (ie:
an enabling farming environment). JAG's various legal initiatives,
noteably the George Quinnell constitutional case, spearheads this
strategy, but with no guarantees of success in the Supreme Court.
Litigation initiatives so far have been confined to the High Court, where
100% success has ensued, however, with little or no consequence on the
ground. Whether we achieve out objectives or not, whatever the outcome,
the JAG LOSS CLAIM DOCUMENT is of paramount importance in that it
comprehensively covers all eventualities in terms of outcome: restitution
in the event of "leveling the playing field", or external compensation in
the event of total loss.

 We are very aware and realise that as we stand now we have a cross
section of every eventuality: farmers still on their farms and largely
unaffected; farmers evicted and internally relocated "sitting it out", and
farmers evicted and relocated both regionally and abroad, some with no
intention of ever returning. The JAG LOSS DOCUMENT will cater for all and
every eventuality.  LOOK TO DO YOURS NOW!!

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Dispatch online

Collapse of talks 'a victory for Mugabe'

CAPE TOWN -- The EU had handed Zimbabwean President Robert Mugabe an
apparent "sensational diplomatic victory" by forcing the break-up of the EU
and African Caribbean and Pacific (ACP) joint parliamentary assembly (JPA)
in Brussels, Democratic Alliance MP Nigel Bruce said yesterday.

Bruce, who is a member of the South African delegation in Brussels, said the
cancellation of the meeting had to do with a procedural matter concerning
Zimbabwean participation.

"This is being held out by the Zimbabweans, quite erroneously, as an action
of unanimous solidarity by the ACP countries for its own racist policies."

However, at issue was the unilateral decision by the EU not to allow
Zimbabwean Ministers Chris Kurineri and Paul Mangwana, who are subject to
"smart" EU sanctions, into the EU Parliament where the joint assembly was
due to meet.

"Had Glenys Kinnock, the joint president of the JPA, sought a political
mandate from both EU and ACP countries, she would most likely have won
majority support for the EU's course of action," Bruce said.

The DA particularly deplored the fact that as result of the joint assembly
being aborted, important regional trade talks surrounding the Cotonou
agreement would now not take place.

Moreover some important third world opinions sympathetic to the EU's stance
on Zimbabwe had been alienated, he said.

"The DA continues to support the application of 'smart' sanctions and
regrets that disagreement over a procedural matter has been allowed to have
such morbid consequences."

The Associated Press reported from Brussels yesterday that negotiations
collapsed when both sides failed to find a compromise over the possible
inclusion of the Zimbabwean ministers.

"The fact that the Zimbabwean ministers were not allowed into the talks is a
victory for democracy and human rights," said Geoffrey van Orden, a British
Conservative member of the legislature.

"We have been pressing European governments for over a year to take tough
action," he said.

The ACP side insisted it was not up to the EU to decide on who to exclude on
its delegation. A South African diplomat said any decision had to be taken
jointly, not unilaterally by the EU side.

Weekend talks failed to bring the two sides closer together.

EU parliament officials had warned security staff to keep both Zimbabwean
officials out of the parliament building where the meeting was supposed to
take place.

The EU established a travel ban on senior Zimbabwean officials to punish
Mugabe, claiming human rights abuses have increased over the past year and
were pushing the country into chaos. It imposed sanctions against Zimbabwe
after Mugabe refused to let European observers monitor disputed elections in
March. The sanctions cut off e128million (about R1,2bn) in development aid,
banned Mugabe and other senior officials from travelling to EU countries and
froze their assets in Europe.

Belgium approved the visas for the two because it was bound by a commitment
to the ACP nations to allow delegates into the country.

Belgian officials said they had sought the advice of all EU nations before
granting the visas and none opposed the move. -- Sapa

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The Herald

'400 tractors ready for shipment from Iran'

Herald Reporter
IRAN is ready to supply Zimbabwe with various agricultural products and
machinery under a US$15 million ($840 million) credit facility extended by
the Middle-East country to Zimbabwe.

"We are ready and its your side (Zimbabwe) which has to finalise the
contract," said the Iranian Ambassador to Zimbabwe, Mr Hamid Moayyer soon
after paying a courtesy call on Vice President Cde Simon Muzenda.

He said a total of 400 tractors, bulldozers, irrigation equipment and other
agricultural implements were now ready for shipment to Harare from Teheran.

Iran extended the $840 million credit line facility to Zimbabwe to enable
the country to secure various agricultural products and machinery.

The facility was made possible through the Joint Economic Commission signed
recently by the two countries.

The volume of trade between the two countries stood at US$5 million ($280
million) and Mr Moayyer said there was need to increase it further.

"We are not happy about it," he said.

"We hope to increase it further."

He said he had met top Government officials to explore ways and means of
expanding trade between Iran and Zimbabwe.

Apart from providing the country with agricultural products and machinery,
he said Iran would offer agricultural expertise.

The two countries have also agreed to co-operate in the fields of
broadcasting and information.

Norwegian Ambassador to Zimbabwe, Mr Kjell Storlokken also paid a courtesy
call on Cde Muzenda.

The two were said to have discussed the land reform programme and the
support, which Norway used to give to Zimbabwe before the European Union
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Glenys abandons EU summit in Mugabe protest 
26th November 2002
n international summit was called off last night after two banned Zimbabwean
ministers turned up.
The presence of two of Robert Mugabe's key men was unacceptable, said summit
chairman and MEP Glenys Kinnock, before leaving hundreds of delegates to
wander the corridors of the conference venue in Brussels.
The EU has imposed a travel ban on the Zimbabwean dictator's cronies and
supporters over his seizure of land from white farmers and attacks on
political opponents.
Belgium granted the pair visas, allowing them to turn up at the European
Parliament building where the EU-African, Caribbean and Pacific nations
joint Parliamentary Assembly was to meet.
But Mrs Kinnock refused to admit junior finance minister Christopher
Kuruneri and deputy justice minister Paul Mangwana, prompting African
delegates to walk out.
The cancellation of the summit, involving delegates from scores of
countries, is likely to cost hundreds of thousands.
Mrs Kinnock accused Mugabe of sending the two ministers as a stunt.
'Zimbabwe could have sent delegates who were not on the banned list but
chose not to,' she said.
'We have refused to deal with these two and this is a major setback.
'Every effort has been made to reach a compromise but, unfortunately, to
date that has not been possible.'
Tory MEPs endorsed the ban. Geoffrey Van Orden, Conservative spokesman on
human rights in the European Parliament, said: 'Mugabe's henchmen have no
place coming to Brussels and the European Parliament. The European
Parliament must not be playing host to people who use murder and
intimidation to maintain their grip on power.'
Green MEPs, including the UK's Caroline Lucas, called the ban 'undemocratic'
and 'colonialist' and demanded to use non-European Parliament premises.
Mrs Kinnock said it had been impossible to find another venue and using an
EU building would have broken the spirit of the measures against Zimbabwe.
She acknowledged there were urgent trade talks to be conducted, as well as
economic, political and environmental issues, and food shortages in Africa.
'There are clear imperatives that we face at this time. I certainly hope
that the ACP countries will feel that their participation is a priority
which transcends all other considerations,' she added.
Travel bans are generally waived to allow blacklisted officials to attend
some international gatherings. Mugabe recently attended a UN event in Rome
despite the EU visa ban.
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From The Zimbabwe Standard, 24 November

Leave with your food, chief tells donors

By our own Staff

Chief Makumbe, of Makumbe communal area in Buhera district, last week barred food aid from being distributed to his starving folk charging that it was coming from friends of MDC president Morgan Tsvangirai. The highly charged chief ordered donors who included Christian Care to take back their food even though hundreds of starving villagers, some of them who had walked long distances to a business centre in the district hoping to get some handouts, pleaded with him to reverse his decision. "I don't want any food from the people who are sponsoring Tsvangirai to oust our legitimate leader, Mugabe," said a visibly angry Makumbe addressing the donors. He added: "Proceed to other districts; here in my area I do not need anything from you, I will assist my people with the Zunde Ramambo." Despite protests from hungry villagers who pointed out that the donors had nothing to do with Tsvangirai, the chief remained firm, prompting the donors to leave the township with their food. Buhera is the home area for the opposition leader, Morgan Tsvangirai. Rangarirai Mhuriyadziwa, the MDC Nhedziwa Branch chairman, said the chief, who was a staunch Zanu PF supporter, sometimes forced the donors to chant the ruling party slogans. "Makumbe said he will give people maize from Zunde Ramambo, but we know there is no maize in the granaries. Iye ari kugutiswa navaMugabe isu tichidya nhoko dzezvironda. We can't starve just because Makumbe is a Zanu PF member," said Mhuriyadziwa.

Meanwhile Zanu PF on Friday rewarded chiefs across the country for the work they are doing for the party by doubling their monthly allowances and those of headmen. Chiefs will next year receive monthly allowances of $50 000, up from $18 000 while headman will be getting $20 000. Chiefs' aides have also benefited and will get $8 000 up from their current $2 000 monthly allowances. Government said the increases were made as a fulfilment of promises made by Mugabe to the traditional leaders during the run up to the March presidential elections. To date government has electrified homes of 142 chiefs and a provision has been made in the 2003 budget to have $4,5 million set aside for use by traditional leaders in each province. Apart from this, the chiefs, whose demands are increasingly getting out hand like those of war veterans, want a vehicle loan scheme similar to that of parliamentarians which could cost the nation billions of unbudgeted for dollars.

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