Constitutional Court evicts white farmer

via Constitutional Court evicts white farmer – NewsDay Zimbabwe July 10, 2014 by Charles Laiton

DOUBLE amputee white farmer William Stander’s hopes of retaining his land acquired by the government through the land reform programme went up in smoke at the Constitutional Court yesterday after the court threw away his application to stay put at the farm.

Chief Justice Godfrey Chidyausiku told Stander’s lawyers that the court would not allow a person to approach it and ask it to break the law.

“We cannot allow a person to approach this court and ask it to break the law,” Justice Chidyausiku said after Stander’s lawyers failed to justify why their client was refusing to abide by the country’s laws.

Stander applied for referral of his case to the Concourt when he appeared in court on October 24 last year facing charges of contravening the Gazetted Lands Act over failure to vacate his home.

He was locked in a dispute with Mwenezi District Administrator (DA) Stanely Chamisa whom he cited in court papers as the first respondent, and his son Watson Chamisa as the second respondent.

The stand-off between the parties was over Lot 18 Nuanetsi Ranch in Mwenezi which Stander was refusing to vacate arguing that evicting him from the farm and depriving him of his only home and source of livelihood as a disabled person infringed on his rights and contradicted Section 83 of the country’s Constitution.

Stander’s lawyers said: “The State is therefore not in a legal position to prosecute accused or seek his eviction before it complies with the law by ensuring that he enjoys his protection of the law by giving him compensation.

“In the circumstances, seeking to evict a person who has not been paid compensation to enable him to secure alternative accommodation renders him homeless, takes away his dignity and violates his right not to be treated in an inhuman and degrading way.”

However, State’s representative Fortunate Kachidza, submitted that Stander had not done anything to pursue his issue of compensation according to the laws of the country.

“His right to life and dignity is not being infringed. The owner of the farm approached the courts and respected the dignity of the applicant otherwise if he had not, he would have simply confronted him. If he wants compensation he should vacate the land and launch legal proceedings,” Kachidza said.

After listening to submissions by both parties the full Concourt bench led by Justice Chidyausiku said: “The application is dismissed as being without merit and reasons for judgement will be made available in due course, they will be no order as to costs.”

Stander’s loss has spelt doom for hundreds for other several former commercial farmers who were dislodged from their farms at the height of the land reform programme that started in 2000.

COMMENTS

WORDPRESS: 12
  • comment-avatar

    Read Micah chapter 2. Chidyausiku and almost our entire justice system does not understand that there is a higher law that the unjust and skewed laws of Zimbabwe. The laws of a nation are to be obeyed until they cross the law of God. We have almost an entire bench of supreme and high court judges sitting on farms they never paid for, assets and improvements they did not pay for and lives destroyed. Judgment day is going to be a very interesting day. I happen to know that some of these judges call themselves Christians. they obviously do not know the God that I know and what the Word says about injustice. Be warned and repent. You cannot justify your sin just because of Zimbabwe’s ungodly laws. None of us can. I am glad I am not the beneficiary of one of those farms that has caused millions to suffer and an entire nation to be destroyed. There were many other ways this could have been done that would have been fair and just. God is going to judge! You need to repent.

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    JRR56 6 years ago

    This is unfortunately the way of Zimbabwe and Zimbabweans. Take and do not pay, Mugabe has made a nation of thieves who will steal from the infirm and spit in his face while doing it.

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    Yes God is a God of justice and Ican’t wait for God’s judgement to fall on this mob of thieves

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    John Thomas 6 years ago

    Who would expect justice from a ZANU court?

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    Shamhu YeNhanzva 6 years ago

    Every time I hear a story about black people having bananas thrown at them in foreign countries it breaks my heart. But how do we teach those ignorant people that racism is bad when we ourselves allow our laws to promote the same. This is very shameful!

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    Rukweza 6 years ago

    If we indeed don’t whites let’s ban tourist as well

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    Chief Justice Godfrey Chidyausiku A NAME TO REMEMBER !!!! FOR FUTURE REFERENCE.

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    zanupf fear me 6 years ago

    Zim deeper. He’s already on our big long list !!!!!!!!! Don’t worry.
    He will face mob justice like the rest of his ilk. If I was one of these zanupf criminals I would be shivering in my boots

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    The Concourt of Zim makes a mockery of justice. This is racism veiled in legalese. Zimbabwe will continue to self-destruct while we live under this regime. Justice for all is the very cornerstone of any civilized country.

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    just saying 6 years ago

    Chief Justice Godfrey Chidyausiku please stop insulting us by speaking of the illegal land acquisition regulations as the law. As a legal person you should know that when you forcibly take someone property against their will that it is called theft. You will have to answer for your crimes one day & when that day comes have the courage to defend your actions & not beg for mercy as people like you tend to do.

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    Petal 6 years ago

    one of the judges must be eyeing the farm – the judges are as bad as the thieving scumbag buffoon morons running the place

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    Petal 6 years ago

    come on farmers take them to the ICC