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

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Sunday Times (SA)

Mugabe sets out to grab yet more land

Methembe Mkhize

Zimbabwean President Robert Mugabe is pressing ahead with his farm seizures
in spite of the fact that he has already grabbed more than 90% of
white-owned farmland.

Although he has been expropriating land since 2000, the 74-year-old leader
still intends to acquire 24 more commercial farms to resettle landless

Mugabe says he will expropriate the land under Section 5 of the Land
Acquisition Act in the next couple of weeks.

Farmers who want to oppose Mugabe's orders are legally entitled to do so by
writing to Agriculture Minister Joseph Made before August 5.

The minister, however, reserves his right not to respond to objections. In
the past Made has ignored the objections and proceeded to serve eviction
orders demanding that owners stop working within 45 days from the date of
notice and vacate the farms within 90 days.

Last week Mugabe imposed a ban on production on about 3000 farms and ordered
farmers to leave their farms by August 10.

Some have reacted by taking Mugabe to court.

On Thursday the Zimbabwe High Court blocked Mugabe's eviction order against
George Pretorius Quinnell and granted him interim relief to remain on his
property and farm.

The same court also granted the owner of Erewhon temporary relief against
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Update Chiredzi Farmers Charged for FARMING
and legal successes!
5th July 2002

Dear All,
The last three days have been very significant for Zimbabwe's farmers and in fact for Zimbabweans as a whole. There was significant progress on the legal cases taken by individuals under the Justice for Agriculture platform.
Wednesday - Judge Chinengo granted the declaring without force of the preliminary and compulsory acquisition notices on Erewhon Farm owned by Jean Simon. The basis for this ruling was that the notices were not served on all interested parties. Secondly the legislation requires the serving of a Section 7 notice within 30 days, this was not complied with. Jean and her
300 odd workers have returned to full production!!!!!!!!  Some of you will have participated in a survey I conducted and will be happy to know that JUSTICE PREVAILED for Jean and her staff.
12:30 Thursday - Judge Paradza granted 'interim relief' to a Farmer allowing that he continue farming whilst the Government answer as to the constutionality of the amendments to the Land Acquisition Act. The Government have 10 days to respond. Pls request details if you have not already received the legal papers.  George Quinnell has returned to walk his lands and tend his 130 hectares of wheat and 50 hectares of barley.
Thursday to Friday - Whilst Jean and George were returning to full production 15 other farmers were visited by a group of Government Officials and Police and asked to report to Chiredzi Police to be charged for FARMING.
As that unfolded in Chiredzi proceedings opened in a regional court where a group of 10 Chinhoyi Farmers sat on the edges of their seats awaiting the next move by Public Prosecutor, Mr C Chimbari. He had already withdrawn charges on 14 others, and justice was served as he indicated to Provincial Magistrate, Mr C Mushipe that he was withdrawing charges against the remaining 10 accused. They are Tony Barkley, Jim Steele, Hamish Barkley, Scott Marillier, Robbie Moyes, Gert "Oom Gert" Pretorius, Tony Marillier, Gert "Boet" Pretorius, Cornelius "Niels" van Heerden and Andries "Hennie" Nel. You will all recall the events in August 2001 that lead to massive trashing and looting in the Lomagundi farming area resulting in hundreds of families being evacuated out of the area and the loss of billions of dollars worth of property.
Just wanted to share these events with you and as always, I value your emails, calls and comments as only if we communicate will be find solutions to make our nation of Zimbabwe whole again.
Jenni Williams
P.S. Please forward this update to any an all Farmers that face the same predicament of being charged for continuing to earn a living whilst FARMING to FEED the nation!
News release (On behalf of the Commercial Farmers Union)
FIFTEEN Sugar Cane Farmers from the Chiredzi farming area of Zimbabwe have been told to report to the Chiredzi Police to be charged under the Land Acquisition Act Chapter 20:10 Section 8 Sub (7) Sub Section 1 for 'interfering with the Resettlement Programme by the Acquiring Authority'.
Four of the fifteen have signed warned and cautioned statements and the remainder are still to attend the Police Station to do so. The first four are under arrest but were released on 'free bail'. The Farmers are then expected to make statements as to their reasons for 'continuing to farm' and will appear before a magistrate who it is believed will make a ruling. The Farmers have been asked to provide proof that they had applied to continue farming as part of their defense.
Background regarding the Amendments to the Land Acquisition Act:
The Order was radically changed by a special session of parliament that was convened on 10th May at which amendments to the Land Acquisition Act (LAA) were promulgated (Act 6 of 2002). The Orders, including all those served before
10 May, transfer ownership of the land to the State immediately, and constitute a notice to stop farming after 45 days, and to vacate the homestead within 90 days. To exceed either of these time limits was made a criminal offence. Ends 4th July 2002
Update 5th July 2002 Eleven of the fifteen have made warned and cautioned statements and it is understood that the dockets are being held by CID.
The statements read..
We,...  (Farm name and registration number) having been informed that inquiries are being made in connection with a case of contravening Section 8 (7) A. R. . W. Subsection (1) of the amendment to the Land Acquisition Act: Chapter 20:10 "interferes with the Exercise of the Acquiring Authority" make this statement of our own free will. While we have been informed that we are not obliged to say anything in answer to these allegations, our failure at this stage to mention any facts relevant to our defense to them may result in a court drawing interference against us. Whatever we do say will be taken down in writing and may be given in evidence in court. _______
While we understand the charge, we deny the charge totally. The Section 8 order was wrongly issued, as the Section 7 proceedings have not been concluded. A Section 8 order is subject to the provisions of Section 7. Signed and dated and stamped by ZRP.
5th July 2002

For more information, please contact, Jenni Williams
Mobile (+263) 91 300456 or 11 213 885 or on email Or Fax
(+2639) 63978 or (+2634) 703829 email:
A member of the International Association of Business Communicators.


Zimbabwe farmers charged with ''illegal operations''

HARARE, July 6 - Fifteen white Zimbabwean farmers have been charged with
defying a government order to stop farming land targeted for seizure by the
state, officials said on Saturday.

       Jenni Williams, spokeswoman for the white Commercial Farmers Union
(CFU), said the 15 had signed statements at the Chiredzi police in
southeastern Zimbabwe on Thursday acknowledging they had been ''warned and
       ''The authorities are saying that the farmers are defying lawful
orders and interfering with the government resettlement programme, but the
farmers are simply attending to a sugar crop already in the ground,'' she
told Reuters.
       ''Farmers cannot simply abandon their operations like that, and that
is why some have gone to the courts to appeal against the government
       The Zimbabwean government is pressing on with its seizures of
white-owned farms despite criticism that the drive is worsening a severe
food crisis in the southern African state.
       Nearly 3,000 white farmers have been ordered to vacate their farms by
August 10 to make way for landless blacks.
       The farmers were ordered to stop all farming on June 24, and those
found guilty of defying government orders face heavy fines or two years in
       The High Court this week gave one farmer 10 days to continue farming
while the government prepares its papers and arguments for a court hearing.
       Agriculture Minister Joseph Made has branded whites fighting to
retain their land as ''unrepentant racists and fascists.''
       President Robert Mugabe, who is accused by the opposition and many
Western powers of cheating in presidential polls in March, says he wants to
finish his ''fast-track'' land redistribution by August.
       The programme is an effort to correct imbalances in land ownership
created by British colonialism, government says.
       Zimbabwe was plunged into its worst crisis in 22 years of
independence in 2000 when pro-government militants, led by veterans of the
1970s liberation war, began invading farms.
       Farmers say they support land redistribution but are opposed to the
methods employed by Mugabe, who has ruled the former Rhodesia since
independence in 1980.
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Farmer - Lomagundi vs. Ministry of Lands Agriculture and Rural Resettlement, Joseph Made and Minister of Justice Legal and Parliamentary affairs, Patrick Chinamasa and the Attorney General
Provisional order to the 1st, 2nd, and 3rd Respondents issued on 4th day of July 2002 in the High Court sitting at Harare. The Respondents, have 10 days to respond.
Ray Passaportis represented the Farmer
Pending the determination by this Honourable Court of the issues referred to below in point 1 to 5 inclusive, it is ordered that:
1.    The Acquisition Order issued by the first respondent on 8th May 2002 in respect of Nyalugwe Farm shall not preclude the applicant from occupying, holding or using the land including all improvement thereon or from undertaking all farming operations:
2.    That the costs of this application will be determined at the hearing of this matter.
The Terms of Order declare that the:
1.    Land Acquisition Act, No 6 of 2002 was not lawfully enacted by Parliament and is therefore invalid and of no force and effect.
It is declared that the amendments to sections 8, 9 and 10 of the Land Acquisition Act (Chapter 20:10) made in terms of the Land Acquisition Act, 2002, are invalid and of no force and effect by reason of being in conflict with Sections 11, 16, (1) (b), 16 (1) (c), 16 (1) (d), 18 (5), 18 (9), 23 (1) of the Constitution of Zimbabwe.
2.    It is declared that Mr. Patrick Anthony Chinamasa MP ceased to be the Minister of Justice, Legal and Parliamentary Affairs with effect from 1st April 2002.
3.    It is declared that Dr. Joseph Mtakwase Made MP ceased to be the Minister of Lands, Agriculture and Rural Resettlement with effect from 1st April 2002 and that the Section 8 Acquisition Order signed by him on 29th April 2002 concerning Applicant's farm known, as Nyalugwe is invalid and of no force and effect.
4.    It is declared that the Section 8 Acquisition Order signed by the First Respondent is invalid and of no force and effect by reason of the fact that First Respondent failed to file with the Administrative Court an Application to confirm the Acquisition within the 30 day period prescribed by the Land Acquisition Act (Chapter 20:10).
5.    It is declared that the Section 5 (1) Notice and the Section 8 Acquisition Order signed by the First Respondent are invalid and of no force and effect by reason of the fact that First Respondent failed to serve notice on bond holder in terms of Sections 5 and 8 of the Land Acquisition Act (Chapter 20:10).
Dear All,
Background info re yesterdays ruling.
IN THE HIGH COURT OF ZIMBABWE                  CASE NO  H C  5263/2002
In the matter between
GEORGE PRETORIUS QUINNELL                                   APPLICANT
RURAL RESETTLEMENT                                                  1ST RESPONDENT
PARLIAMENTARY AFFAIRS                                               2ND RESPONDENT
I, RAYMOND MILTON PASSAPORTIS, a registered Legal Practitioner and Partner of Wintertons, Legal Practitioners of record for Applicant, hereby certify that this matter is urgent on the following grounds:
Applicant is currently growing 130 hectares of wheat and 50 hectares of barley.
If Applicant is forced to stop his farming operations on 24th June 2002, the crops will die.
Zimbabwe is currently facing a severe food shortage and it is unconscionable that the loss of these crops be permitted when it is unnecessary that this happen.
Applicant wrote to the Respondent on 10th May 2002 seeking an extension beyond the 24th June 2002 to enable him to grow and harvest the crops. Respondent has not replied.   The matter is now urgent because on 24th June 2002 Applicant must stop farming operations unless the relief sought is granted.
DATED at HARARE this     21st day of   June     2002



Applicant's Legal Practitioners

Beverley Corner

11 Selous Avenue

HARARE    (RMP/emac)
IN THE HIGH COURT OF ZIMBABWE                  CASE NO  H C    5263/2002
In the matter between
GEORGE PRETORIUS QUINNELL                                   APPLICANT
RURAL RESETTLEMENT                                                  1ST RESPONDENT
PARLIAMENTARY AFFAIRS                                               2ND RESPONDENT
I, GEORGE PRETORIUS QUINNELL    do hereby make oath and say that:
1.         I am the registered owner of certain piece of land in the District of Lomagundi called Nyalugwe measuring 600,4192 hectares in extent and held by me under Deed of Transfer No 3200/77.    A copy of the Deed of Transfer is attached marked "A".   It can be seen that I have borrowed monies from a commercial bank (Standard Chartered) and mortgage bonds have been registered in respect of this property and the other property known as Mbidzi which is also owned by me..
2.         Respondent is the Minister of Lands, Agriculture and Rural Resettlement and, for the purposes of this Application, is the Acquiring Authority as defined in Section 2 of the Land Acquisition Act, Chapter
20:10 ("the Act").
3.         The facts deposed to in this Affidavit are within my personal knowledge or made to the best of my information and belief.
4.         The property known as Nyalugwe Farm (the property) is the subject of compulsory acquisition proceedings by Respondent.
5.         After the land was gazetted for compulsory acquisition and a preliminary notice served in terms of Section 5(1) of the Act.    I sent a letter of objection to the Respondent dated 3rd July 2001.   This letter was delivered to the offices of the Ministry of Lands Agriculture and Rural Resettlement, 1 Borrowdale Road, Harare.   A copy of the letter is attached marked "B".
6.         I received no response to this letter from Respondent.
7.         I made a conscious decision to continue farming operations despite the many and varied land resettlement problems throughout the country.   I am currently growing 130 hectares of wheat and 50 hectares of barley.  The gross return on these crops is expected to be in excess of
Z$25 000 000,00.      By the beginning of April 2002 the crops had been planted.
8.         On the 8th May 2002 I received an Acquisition Order made by the Respondent in terms of Section 8 (1) of the Act.   The Order was signed by the Respondent on 29th April 2002.   A copy of the Order is attached marked "C".
9.         On the 10th May 2002, after receipt of the Acquisition Order (annexure "C"), I wrote to the Respondent.   A copy of the letter is attached marked "D".   I handed a copy of the letter to the Commercial Farmers Union and received an assurance that it was hand delivered to the Ministry Offices on Borrowdale Road, Harare, the following day. The contents of the letter are self-explanatory.   In brief, I wrote to the Respondent for permission to continue farming operations.   I wrote to the Respondent because I was advised to do so by the Commercial Farmers Union and because farmers in the area had received assurances from Vice-President Msika that grain crops could be grown and harvested. I have waited for a response from the Respondent but none has been forthcoming.   I am now compelled to make this Application because of the promulgation of the Land Acquisition Amendment Act, No 6 of 2002 (the Amendment Act) which came into effect on 10th May 2002.
10.       By 20th June 2002 no Section 7 Application for confirmation of the Acquisition of Nyalugwe Farm had been served upon me.   A diligent search was conducted by Mr David Drury, a registered legal practitioner and partner of Gollop and Blank, at the offices of the Administrative Court.   I attach his Affidavit as annexure "E".   Because the Respondent as the Acquiring Authority, has failed to file with the Administrative Court the application for confirmation of acquisition within the prescribed 30 day period, I submit that the Section 8 Order is rendered invalid and of no force or effect.
11.       I have mentioned previously that the property is bonded to the bond holder.  In terms of Section 5 of the Act, the Respondent is obliged to give notice to the owner and all interested parties.   The bond holders have never been notified of the Section 5 Notice or indeed the Section 8 Order.   In terms of the amendment to Section 9 of the Act, the 90 day period starts to run on 10th May 2002 which is the date upon which the Amendment Act came into effect.   This provision relates, of course, to Section 8 Orders made prior to the commencement of the Act.   The Section 8 Order served upon me falls into this category. According to the amendment Act, then, I am required to cease occupying, holding or using the property on 24th June 2002 failing which I face criminal prosecution.
12.       For the purposes of this Application, I maintain that Sections
8, 9 and 10 of the Act, as amended by the Amendment Act, are unconstitutional for the reasons which follow and are therefore invalid.
12.1    The Amendment Act was legislated unprocedurally and not in accordance with the Constitution or with Parliamentary Standing Orders. I refer in this regard to the Affidavit of Tendai Laxton Biti attached hereto marked "F"
12.2    Following on from what Mr Biti says in his Affidavit, it must follow that any Notices or Orders made or issued by the Respondent upon or after  the 1st April 2002 are invalid.   The Section 8 Order relating to the property was signed by the Respondent on the 29th April 2002 and served upon me on 8th May 2002.   It is submitted that this Acquisition Order is invalid because the Respondent was not at the time a lawfully appointed Minister of Government.
12.3    A preliminary notice given in terms of Section 5 (1) of the Act has a life span of two years.   A Section 8 Order can be made by the Acquiring Authority at any time during that two year period.  Section 8 (2) (b) (which relates specifically to agricultural land) permits and acquiring authority "to exercise any right of ownership .... without undue interference to the living quarters of the owner or occupier of that land."   A farmer who decides to grow any crop, therefore, does so at great peril because at any time the Acquiring Authority may assume ownership of his land and crop (which attaches to the land and forms part of it).   Section 16(1)(b) of the Constitution of Zimbabwe ("the Constitution") "requires the acquiring authority to give reasonable notice of the intention to acquire the property, interest or right to any person owing the property or having any other interest or right therein . "
Because the issue and service of a Section 8 Order requires no notice whatsoever, it is submitted that the provisions of Section
16(1)(b) of the Constitution are offended.
12.4    Section 16 (1) (c) of  the Constitution requires that no property shall be compulsorily acquired unless the Acquiring Authority pays fair compensation for the acquisition "before or within a reasonable time after acquiring the property, interest or right."
Respondent purports to have acquired the property by virtue of the Acquisition Order dated 29th April 2002, which was served upon me on the
8th May 2002.   No compensation has been paid to date and I maintain that the provisions of Section 16 (1) (c) of the Constitution have been offended.
12.5    Section 9 of the Amendment Act introduces a criminal penalty for any owner or occupier who fails to stop occupying, holding or using the land acquired forty-five days after service upon of a Section 8 Order. Because of the stated retroactive affect of the legislation, an owner of occupier may well find that he has committed an offence even though when the Section 8 was issued, no criminal sanction existed at that time. This applies to all Section 8 Orders issued and served before 10th May
2002 (the date of commencement of the Amendment Act) at which time the occupation, holding or use of land contrary to the rights of the Acquiring Authority was not an offence. It is submitted that this provision offends Section 18(5) of the Constitution which provides as follows:
"No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence...."
12.6    The issue and service of Section 8 Order effectively deprives an owner of his ownership of land without any hearing.   This offends one of the fundamental principles of natural justice to the effect that a person must be given a fair opportunity of putting forward his case before any action can be taken against him (the audi alteram partem rule).   Also, it is submitted, the implications and effects of a Section 8 Order offend Section 16 (1) (d) of the Constitution which requires the Acquiring Authority, if the acquisition is contested, to apply to the High Court or some other Court for the prompt return of the property if the Court does not confirm the acquisition.   It is implicit in what is stated that a physical acquisition of land without the Acquiring Authority seeking and obtaining such confirmation is illegal. Additionally, Section 18 (9) of the Constitution provides that ".... every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations".
12.7    It is common knowledge and indeed accepted by Government that the Land Reform Programme is designed to take land from white farm owners and give this land to indigenous blacks.   Section 8 Orders are, therefore, selectively applied on racial grounds.   It is submitted that this approach offends Sections 11 and 23 (1) of the Constitution.
I pray for an Order in terms of the Provisional Order attached hereto.
SWORN to at HARARE  on this the            day of  June 2002.


Before me



IN THE HIGH COURT OF ZIMBABWE                  CASE NO  H C /2002
In the matter between
GEORGE PRETORIUS QUINNELL                                   APPLICANT
TAKE NOTICE that on                  the High Court sitting at Harare issued a Provisional Order as shown overleaf.
The annexed Chamber Application, Affidavit 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 No 29B, together with one or more Opposing Affidavits, with the Registrar of the High Court at Harare within ten (10) days after 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/s on the Applicant 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's Legal Practitioner or 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.

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Dear Family and Friends,
The food crisis in Zimbabwe is unfolding with frightening speed now. Wheat supplies have dwindled to almost nothing and all week there have been reports of bread shortages in towns and cities around the country. Bakers and Millers have been making urgent representation to the government appealing for immediate imports of wheat as well as a 30% increase in the price of bread which has been controlled by government for months. None of the relevant ministries have responded with any maturity to this desperate situation. One by one they have lashed out at every sector of the country looking for someone to blame, looking for a scapegoat. Agriculture Minister Joseph Made continues to insist that there are no shortages of wheat despite having previously ordered that deliveries to millers be slashed by almost 50%. Dr Made just will not admit that his ministry has failed the country, has been unable to interpret conditions on the ground and been grossly incompetent in securing food. Dr Made has consistently refused to accept the enormity of the problems in the disastrous, politically dominated distribution of our farm land. Even now he continues to say that everything is going to be alright despite the fact that we need 400 000 tons of wheat a year and right at this moment there are only 150 000 tons of the grain in the ground. If the situation is bad now, it will be catastrophic in coming months. We are eating all our food the moment it comes out of the ground and not a single thing is being put into storage. When almost 3000 farmers are finally thrown off their land in early August, there will be nothing left to harvest.  Other government ministers say that the food shortages have got nothing to do with the fact that 95% of our farmers are forbidden to work the land. They say that manufacturers and wholesalers are deliberately hoarding basic commodities, selling them on the black market and trying to sabotage the country. President Mugabe himself said that these companies would be taken over by the government and given to the people to run. In a government stacked with men holding doctorates I wonder what on earth has happened to plain and simple common sense. Fifteen of Zimbabwe's sugar cane farmers were ordered to report to the Chiredzi police station this week, charged with breaking the law by continuing to reap sugar. They were made to sign warned and cautioned statements and will appear in court for trying to grow food and while that insanity is going on there is no sugar in Zimbabwe. I got caught in a terrifying mob when shopping in my little town this week. 500 people were queuing for sugar, someone tried to jump the line and chaos was immediate and terrifying. A score of people chased the queue jumper out into the main road and when they caught up with him outside the main Marondera Railway station they beat him senseless. This is the ugly face of hungry people and will undoubtedly get worse while our government continue to do nothing except blame someone else for their incompetence. We are a restless and desperate nation that stands patiently in line for food while we can still afford it. The price of one single egg  on my own farm in 2000 was $1.00, today that same egg costs $23.00. In the frightening madness that overwhelmed Zimbabwe this week there was also sanity and hope. Every single one of the 23 farmers arrested and imprisoned in Chinoyi last year have now been acquitted of any crime. A very brave magistrate made an honest ruling and all 23 men are now free to carry on with their lives. Many of those men lost everything when their farms were looted and destroyed last year but they have held their heads high, stood by the truth and waited for justice. Their wait may have seemed an eternity but it has shown us all that, in the end, justice always prevails. Until next week, with love, cathy
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Business Day

      Gays to 'welcome' Mugabe in Durban

      The Gay and Lesbian Alliance will be among five interest groups set to
"welcome" African heads of state on their arrival in Durban from Sunday for
the launch of the African Union next week.
      Safety and Security Minister Charles Nqakula on Friday said the others
were a group from Ethiopia, another from the Democratic Republic of Congo, a
trade interest organisation, and members of the Socialist Party of Azania.

      "The gay and lesbian lobby will be there to welcome President Robert
Mugabe of Zimbabwe," he told reporters.

      The demonstrations would be staged around Durban's International
Convention Centre, where the heads of state will meet from Monday.

      Nqakula said police had contingency plans in place, but were not
overly concerned.

      "We will be ready for them in the nicest possible way," he quipped.

      The five groups all had to apply for permission to stage peaceful
pickets, which was granted as a matter of routine.

      Deputy President Jacob Zuma, Cabinet ministers and their deputies were
on Friday bracing themselves for a long and hectic Sunday to greet dozens of
heads of states. Most of the 52 African leaders invited had so far confirmed
their attendance.

      Minister in the Presidency Essop Pahad said Zuma would "as far as
humanly possible" be on hand to receive the heads of state on their arrival
at Durban International Airport.

      He would be supported by a rotating set of ministers or deputies.

      The heads of state would be accommodated in five-star hotels in the
coastal city.

      All indications were that Durban would be squeaky clean for the
important visitors - despite a national strike by municipal workers who have
been trashing city streets earlier in the week.

      Nqakula said the city council had commissioned private companies to
clean up the streets, and to ensure the continued removal of rubbish. They
would be backed up by soldiers.

      The leadership of the SA Municipal Workers' Union had since condemned
the conduct of members who were throwing rubbish around.

      "We are not expecting further trashing of streets," Nqakula said. Sapa


      06 July 2002
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Mail and Guardian

SACP Klaps Mbeki And His Africanists

Mail & Guardian (Johannesburg)

June 28, 2002
Posted to the web July 5, 2002

Jaspreet Kindra

The South African Communist Party (SACP) has released a document highly
critical of President Thabo Mbeki's stance on HIV/Aids and his renaissance
plans for the African continent.

Without naming the president, the current edition of the SACP's central
committee bulletin Bua Komanisi! takes an implied dig at him in its critique
of the "Africanist current" within the ruling tripartite alliance. Among the
other currents it identifies are the "pragmatic" and "socialist".

The bulletin says the pragmatists and the socialists want South Africa to be
more critical of the "anti-democratic" behaviour of Zimbabwe's Zanu-PF

In its critique of the Africanist trend, the bulletin highlights its
tendency to move into "denial", referring to Africanist attitudes to
HIV/Aids and unemployment in South Africa. It ascribes the proneness to
denial to the "shortfall between exaggerated and/or short-term expectations
of African renewal or of South African growth and development".

Africanists are said to resort to "subjectivist explanations -- allegations
of conspiracies or an overly psychologised explanation for persisting
injustices (white racism, or global Afro-pessimism)".

Mbeki and the ANC leadership have alleged a range of conspiracies to
undermine the government and the ANC, including claims of an "ultra- left
tendency" in the Congress of South African Trade Unions and a plot by
pharmaceutical firms on HIV/Aids.

The document does not deny "white racism" and Afro-pessimism, but argues
that these are not sufficient to explain persisting poverty and
marginalisation of the majority of South Africans.

The SACP document also warns against a "tendency" among Africanists "to
exaggerate the possibilities of a continental renewal -- or to associate
such a renewal with relatively superficial events". In a clear reference to
South Africa's bid for the 2004 Olympics in Cape Town, it cites the hosting
of international sporting events as one of the "superficial" attempts to
enhance Africa's status.

"This is often linked with a failure to adequately analyse the deeply
entrenched, structured character of global capitalism, and its systemic
reproduction of Africa's peripheralisation and development."

The bulletin says the Africanist tendency has sympathy for Zanu-PF and its
leader President Robert Mugabe, while holding that the opposition Movement
for Democratic Change is "an imperialist tool". Africanists identify white
farmers and Britain as the cause of stalled land reform, which "lies at the
heart of the economic crisis" in Zimbabwe.

It says the pragmatists want South Africa to be more critical "probably" to
send positive signals to international investors and "our own capitalist
class, that we will not behave like that here".

For socialists, the emphasis is on how "anti-democratic behaviour" is used
to "suppress progressive popular forces" including unions and progressive
civil society. The bulletin, however, notes that the co-existence of these
differing perspectives has "not prevented the development of an effective
and unifying ANC and alliance position on Zimbabwe and on a variety of

Among the weaknesses cited in the socialist current is the existence of two
extreme positions, one of which holds that the party should assert its
independence by "seeking to distinguish every action we take from the ANC",
the other seeking to reduce the SACP to the "socialist desk" of the ANC.

The document also states that the SACP can neither isolate itself from the
liberation movement nor tail behind the ANC
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Farmers Challenge Mugabe's Cabinet - Las Vegas Sun: July 05, 2002
Court overturns work ban on Zimbabwe’s white farmers - The Scotsnam: 6 July 2002
Judge orders 10-day halt to farm seizures - The Independent UK: 06 July 2002
Farmers Challenge Mugabe's Cabinet
Las Vegas Sun: July 05, 2002

HARARE, Zimbabwe- White farmers trying to stave off evictions and arrest have gone to court to challenge the constitutional authority of President Robert Mugabe's Cabinet.

The government has 10 days to respond to allegations filed Thursday in the High Court that claim the president failed to reappoint his Cabinet after his disputed victory in March elections as required by the constitution.

Commercial Farmers Union spokeswoman Jenni Williams said until the court case is heard and finalized, Justice Minister Patrick Chinamasa and Agriculture Minister Joseph Made may not legally interfere with any of the 2,900 commercial farmers ordered to stop work on June 24 in preparation for government takeover in early August.

"See how the Lord has answered our prayers," said Peter Goosen of "Justice for Agriculture," a newly formed defense organization that brought the action in the name of George Quinnell, a farmer facing eviction from his 1,500 acre Nyalugwe Farm at Karoi, 125 miles northwest of Harare.

Quinnell has been continuing to tend 450 acres of irrigated wheat and barley in defiance of the government order to stop work.

Police at Chiredzi, 250 miles south of the capital, Thursday arrested 15 white farmers who allegedly defied the government order to stop tending crops and livestock.

The order was part of Mugabe's efforts to seize about 95 percent of the nation's white-owned commercial farms. Mugabe says he wants to redistribute the land to landless blacks to correct inequities from the colonial era. Critics say he is using the issue for political gain and claim many of the farms are going to his cronies.

The order has disrupted agricultural production as U.N. experts say 6 million Zimbabweans are threatened by possible famine.

Zimbabwe is currently suffering a serious bread shortage. Stocks of maize meal, the staple diet of its 13 million people, already have run out. Made, the agriculture minister, repeated government claims Friday that food shortages were the result of economic sabotage by white-controlled companies.

Under Zimbabwe's constitution, a president is supposed to appoint a new Cabinet immediately after being sworn in. Mugabe, however, has never done so.

Government sources said he delayed the appointments because of reconciliation talks with the opposition Movement for Democratic Change.

However, the talks broke down over Mugabe's demand the opposition accept the election. Critics say Mugabe has also delayed the appointments in an effort to threaten Cabinet ministers wavering from his hard-line policies.

He told a rally: "There are some members of my government I cannot trust."

The action in the High Court, in theory, means officials and police cannot execute orders made in the name of the justice and agriculture ministers until the issue has been decided.

However, the government has frequently disregarded court orders in the two years since ruling party militants began occupying white farms.

The court challenge argues that Chinamasa and Made ceased to be ministers on April 1 because Mugabe failed to publish their reappointment in the official government gazette. Thus the eviction notices the ministers issued on April 29 are invalid, the suit argues.

Court overturns work ban on Zimbabwe’s white farmers
The Scotsnam: 6 July 2002
Fred Bridgland in Johannesburg

A ZIMBABWEAN judge has ruled as illegal the legislation that forced white commercial farmers to stop tending their crops and feeding their animals last month and to quit their homes by early next month.

The decision of the high court judge, Benjamin Paradza, late on Thursday night is sure to deeply anger the president, Robert Mugabe, and trigger an intensified round of lawlessness and unrest.

The Harare magistrates court yesterday acquitted ten white farmers charged with public violence against Mugabe supporters. The ten were in a group of 21 farmers arrested last August after coming to rescue another farmer whom black settlers were trying to drive off his land. None has been convicted.

The president has branded all white farmers as "racists and fascists" and has said nothing will stop him implementing his strategy of removing them from their lands and farm houses.

The Land Acquisition Act required farmers to finish tending and harvesting crops, cease sowing seeds and stop watering and feeding cattle, sheep and other domestic animals from 24 June, subject to two years imprisonment. It also stipulated that farmers and their families must be out of their homes by 8 August and must not take any possessions with them.

Many have defied the new law and carried on farming.

Mr Paradza said the cabinet ministers who spearheaded Mr Mugabe’s campaign to rid Zimbabwe of white farmers were not legally empowered to promote such legislation. The agriculture minister, Joseph Made, and justice minister, Patrick Chinamasa, had ceased legally to be ministers after Mr Mugabe was returned to power in March in a presidential election widely regarded as rigged.

The judge said all Mr Mugabe’s ministers should have re-taken the oath of office. They did not and therefore Mr Made and Mr Chinamasa ceased to be ministers from March.

The court ruling was made in favour of only one farmer, George Quinnel, but it will affect the first 3,000 farmers ordered to surrender their farms and homes to the government and another 2,500 who were soon to be targeted.

It will infuriate Mr Mugabe because the issue could become bogged down in the courts and in parliament, where legislation will have to be retabled, debated and go through many stages. But Mr Mugabe has frequently used extra-parliamentary methods, and his violent so-called war veterans and youth militias seem likely to be unleashed on renewed terror raids on white farms throughout Zimbabwe.

The World Food Programme [WFP] forecasts that up to six million of Zimbabwe's 12 million people could die in the man-made famine already gripping the country. Aid organisations put the figure nearer eight million.

Of the two million tonnes of grain needed from foreign donors to avert mass hunger, the government and WFP have so far received pledges of only 200,000 tonnes.

Increasing international isolation of Mr Mugabe’s ZANU government is quickening the meltdown of a crumbling economy, already sapped by the drying-up of foreign aid, a lack of foreign exchange, runaway inflation - now 122 per cent, and forecast to top 1,000 per cent before the end of the year - and mass poverty.

White commercial farmers are moving to neighbouring countries, such as Zambia, Mozambique, Angola and Namibia, where they have been offered farms by the governments to resume their careers.
Judge orders 10-day halt to farm seizures
The Independent UK: 06 July 2002

By Basildon Peta Zimbabwe Correspondent

A judge in Zimbabwe has granted white farmers an interim injunction barring the President, Robert Mugabe, from seizing their land.

Judge Benjamin Paradza made the ruling in the High Court after farmers who defied a ban to stop working their land were charged under the law paving the way for farm seizures. Although the ruling was in favour of only George Quinnell, the farmer who filed the court application, it will help at least 2,900 farmers.

Judge Paradza said the Agriculture Minister, Joseph Made, and the Justice Minister, Patrick Chinamasa, who had been spearheading the campaign to evict farmers and were cited as respondents in the application, had not been government ministers since the presidential elections in March.

Mr Mugabe, who won the election, did not appoint a cabinet. Under Zimbabwean law, all his ministers should have retaken the oath of office. Judge Paradza also said the land seizure law had been passed illegally. The government has 10 days to respond to the ruling and cannot seize land during that period.

The decision came as Harare magistrates' court acquitted 10 white farmers charged with public violence against supporters of the land seizure programme.

The farmers, who were among 21 detained for weeks last year before being released on bail, said they had been caught in violence after coming to rescue one farmer whom the settlers were trying to drive off his property.

The farmers' lawyer, Jeremy Callow, said the court had found 10 farmers not guilty after the state had dropped charges against the 11 others.

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Zimbabwe may run dry of beer as maize shortage bites

July 6, 2002 2:47am


Harare, Zimbabwe (PANA) - Beer drinkers in Zimbabwe turned gloomy Thursday
after one of the country's largest breweries said there could be shortages
of the drink in coming weeks due to the unavailability of a key ingredient:

Zimbabwe is facing a critical shortage of maize, which is also the staple
food, and other cereals this year due to a crippling drought which has left
an estimated 7.8 million people in the southern African country facing

Chibuku Breweries chief executive Pearson Gowero said the company had
resorted to importing its own maize requirements from South Africa after a
state-owned grain procurement agency, the Grain Marketing
Board (GMB), reduced supplies to the brewery to a trickle in order to
concentrate on feeding people.

But he said critical shortages of foreign currency in the country had also
limited Chibuku Breweries' own maize imports, leading to fears of a beer

"In order to sustain our operations, we have been directly importing maize,
principally from South Africa. This has taken cognisance of the GMB's
primary focus of feeding the nation and has therefore meant that all
allocations cannot meet our full requirements," he said.

Beer will become the latest in a string of commodities, including sugar,
salt, cooking oil, soap and bread to disappear from shop shelves in the
country as it grapples with the worst economic crisis it has ever faced.

Copyright 2002.  All Rights Reserved.
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Sunday Times (SA)

Leaders to tackle Zimbabwe issue

Ranjeni Munsamy

Commonwealth secretary-general Don McKinnon is to hold talks with President
Thabo Mbeki and other Commonwealth leaders attending the launch of the
African Union this week to find ways to restart reconciliation talks in

While Zimbabwe's political and economic woes have been strictly avoided
during preparatory talks for the closure of the Organisation of African
Unity and launch of the African Union this week, concerns are mounting about
the worsening humanitarian situation in the country as the stalemate between
President Robert Mugabe's government and the opposition Movement for
Democratic Change continues.

Mbeki, Nigeria's President Olusegun Obasanjo and Australian Prime Minister
John Howard recommended Zimbabwe's suspension from the Commonwealth for 12
months after a flawed presidential election in March.

Peace talks between Zanu-PF and the MDC, facilitated by Mbeki and Obasanjo,
stalled after the ruling party withdrew, pending the outcome of the
opposition's legal challenge to the country's election results.

With eight months left before Zimbabwe's suspension expires, the
Commonwealth troika has not spelt out steps for the country's readmission .

Insiders say Mbeki and Obasanjo "wanted the dust to settle" after the
election and suspension drama before raising the issue again. Mbeki has also
stepped back after a confidential letter he wrote to Mugabe, which urged him
to restart the peace talks, was leaked to the Zimbabwean press.

Since Zimbabwe's suspension, international aid has almost dried up,
exacerbating the food crisis. Western countries are also reluctant to invest
in the land redistribution programme because of the political instability in
the country.

McKinnon is apparently eager to hold talks with Mugabe on the political and
economic crisis but Mugabe has not yet responded to the request for a

Commonwealth officials say McKinnon will attend the inaugural session of the
African Union on Tuesday as an observer and is hoping to hold discussions
with African heads of state who are Commonwealth members.

"It is of utmost interest to the Commonwealth to see Zimbabwe back in the
family as soon as possible," said a senior Commonwealth official.
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