JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUE - September 9, 2005
Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet:
www.justiceforagriculture.com
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Communique
1:
The Justice for Agriculture Trust (JAG) and Justice for
Agriculture
Membership Association (JAGMA) stand firm with the Zimbabwe
Lawyers for
Human Rights (ZLHR) and fully endorse and support their urgent
appeal on
the Constitutional Amendment (No. 17) Act to the Special
Rapporteur,
dealing with the independence of judges and lawyers in the office
of the
High Commissioner for Human Rights at the United Nations,
Geneva.
JAG and its Membership Association is seeking to join with the
Zimbabwe
Lawyers for Human Rights, other human rights organisations and
wider
stakeholders in the launching of an international challenge case
against
this appalling amendment if, God forbid, it is assented by the
president
into enforceable law.
Herewith below the Lawyers for Human
Rights appeal as referred to above:
Mr. L Despouy
Special
Rapporteur
Independence of the Judges and Lawyers
Office of the High
Commissioner for
Human Rights
United Nations Office at Geneva
8-14
Avenue de la Paix
1211 Geneva 10
SWITZERLAND Fax: +41 22 917 9003
urgent-action@ohchr.org
Dear
Sir
URGENT APPEAL ON THE CONSTITUTIONAL AMENDMENT (NO.17)
ACT
Zimbabwe Lawyers for Human Rights (ZLHR) is a registered
professional
membership organisation of lawyers working for the promotion and
protection
of human rights in Zimbabwe. We hold Observer Status with the
African
Commission on Human and Peoples' Rights, Affiliate Status with
the
International Commission of Jurists, and form the Secretariat of the
SADC
Lawyers' Association Human Rights Committee.
We are calling on
you in your esteemed capacity as the Special Rapporteur
on the Independence
of the Judges and Lawyers to make an urgent
intervention in Zimbabwe on the
Constitutional Amendment (No. 17) Bill,
which was passed by the Parliament of
Zimbabwe on the 30th of August 2005.
As we appeal to you, the Act is awaiting
Presidential assent and will
become enforceable thereafter.
In
summary, the Constitutional Amendment Act No.17 seeks to confirm
the
acquisition by, and vesting of full title in, the State of
agricultural
land for resettlement purposes which took place pursuant to the
Land Reform
Programme beginning in 2000 without compensation (except for
improvements
effected prior to acquisition), and provide for the acquisition
in the
future of agricultural land for resettlement and other purposes by
the
insertion of Section 16B. The Act will allow for the
retrospective
operation of the law in relation to such acquisition and
vesting of full
title. It will further remove the jurisdiction of the Courts
of Zimbabwe to
determine the merits of any such acquisition or any other
matter relating
to that land as envisaged by section 18(9) of the
Constitution.
Section 18(9) of the Constitution provides that `Subject to
the provisions
of this Constitution, 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.' The effects of
the
provisions in the Bill will effectively render this protection of no
value
to affected litigants.
Once the President has assented to the
Act, the State will be empowered to
acquire property, in particular land,
without notice to affected landowners
or the possibility of them challenging
such acquisition through the Courts
of Zimbabwe. `Agricultural land' is not
defined in the Bill, and therefore
a majority of landowners in Zimbabwe today
can potentially be affected. Any
anomaly in the gazetting or acquisition of
the land cannot be contested in
court as long as it is purportedly carried
out in terms of the new
Constitutional Amendment Act.
As a result of
this Act, an entire category of landowners will effectively
have their
constitutional right to protection from deprivation of property
summarily
removed, on the basis that they own agricultural land.
The Constitution
itself in its current form provides that all persons are
entitled to the
fundamental rights and freedoms contained in the
Declaration of Rights. It
provides under Section 23(1) (a) and (b) that no
law shall make any provision
that is discriminatory either of itself or in
its effect and that no person
shall be treated in a discriminatory manner
by any person acting by virtue of
any written law or in the performance of
the functions of any public office
or authority. Again, this protection has
been overridden by the provisions of
the Bill.
We draw your attention to the contemplated ouster of the
jurisdiction of
the Courts of Zimbabwe, which will prevent the Judiciary from
considering
whether the actions of the other arms of government are within
the confines
of the Constitution and other relevant laws of the land. This
contravenes
fundamental international human rights instruments which Zimbabwe
has
ratified and which protect the independence of the Judiciary such as
the
International Covenant on Civil and Political Rights (1991),
African
Charter on Human and Peoples Rights (1986) and the International
Covenant
on Economic, Social and Cultural Rights (1991) among others. It
also
undermines the very principle of constitutionalism, which requires
a
separation of powers and the protection of the independence of
the
Judiciary.
There are currently a plethora of land cases already
before the
Administrative Courts, the High Courts, and the Supreme Court of
Zimbabwe,
which will be affected by this provision. They will be
prematurely
terminated should this provision pass, notwithstanding the
individual
merits and circumstances of each case and will provide no
compensation for
litigants for their wasted costs. Some cases have been in
the court system
for many years now.
There is also concern that the
Judiciary itself was not consulted on such a
blatant withdrawal of its
constitutional mandate and encroachment by the
Executive and Legislature into
its jurisdiction. The Legislature has, by
passing the Act, condoned potential
future ousters of the functions of the
Judiciary by the Executive in other
areas, which could eventually lead to a
complete removal of the Courts of
this land, causing a complete breakdown
of the rule of law and no legal
protection for any person living in
Zimbabwe whose rights and fundamental
freedoms are violated.
The Courts of the land are effectively being
reduced to legal advisors of
Government as and when it pleases because it can
now simply legislate that
it merely wants their opinion on certain issues,
which it can disregard at
its pleasure, (for example around the issue of
quantum of compensation) but
it is not willing to allow the courts to decide
on the lawfulness of its
conduct. Now the Courts cannot review patently
unlawful and or
unconstitutional laws and or constitutional amendments. This
function will
be left to the Executive and its disputed majority in
Parliament.
We therefore call on you in your capacity as the Special
Rapporteur on
Independence of Judges and Lawyers to make an urgent
intervention to the
government of Zimbabwe and the President in particular
to:
a) refrain from assenting to the Act by putting his signature to the
Bill;
b) refer the Bill back to Parliament for removal of the provisions
which
undermine the independence of the Judiciary, their operating
environment
and shrink their jurisdiction;
c) request the government of
Zimbabwe to carry out a wide and
representative consultative process with the
judiciary and all other
stakeholders before constitutional changes or reform
are enacted.
We look forward to your urgent intervention in this matter
in order to
safeguard the independence of the judiciary, to protect the
proper
functioning of the courts, to assure the people of Zimbabwe that they
can
expect a fair judicial hearing where their fundamental rights and
freedoms
are endangered, and to restore the rule of law in
Zimbabwe.
Yours faithfully
Arnold Tsunga
Director
Zimbabwe
Lawyers for Human
Rights
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Communique
2:
Today's Herald 09 September 2005 has listings of 42 properties under
Lot 27
(Section 8) as follows:
1 6210/00 Navalphase Farming P/L
Charter Duncanston 457,8817ha
2 1413/89 Hoffmanrus Estate P/L Charter Portion
of Nooitgedacht Estate B
3774,7662ha
3 11132/99 Freitas Inv P/L Charter
Kwesfontein A 2219,2387ha
4 5852/89 Sobbah Farm P/L Chipinga Lot 34 AB of
Middle Sabi Estate
209,5100ha
5 4627/89 Jonty P/L Chipinga Homefield
50,0659ha
6 6585/99 Landprep P/L Chipinga Remainder of Morgenson of
Avontuur
340,7416ha
7 5294/88 Nocholas Folliott Douglas Powell Goromonzi
Madan of hillside
120,2734ha
8 4943/80 Secuta P/L Goromonzi R/E of Melfort
Estate 1473,7273ha
9 4602/76 Hector Dalton Ludick Goromonzi Lot 1 of
Strathlorne 432,37ha
10 507/76 Goromonzi Estate P/L Goromonzi Lot 5 of
Sellair 295,5822ha
11 2968/81 A J Pauw Goromonzi R/E of S/D A of Cromlet
108,2527ha
12 2547/00 Michael Ian Heath & Fiona Jean Heath Goromonzi
Remainder of S/D
E of Binder 90,9601ha
13 11038/97 Propkept Inv P/L
Goromonzi R/E of S/D C of Learig 307,5811ha
14 2406/05 Anthony James
Murdoch-Eaten Inyanga Remainder of Bramble Downs
of Troutbeck Ext 5 of
Inyanga Downs of Inyanga Block 35,9849ha
15 3178/89 Mahogany Ridge P/L
Inyanga Lot 82A Inyanga Downs 454,0660ha
16 1354/65 Adam Farms P/L Makoni The
Springs 4818,1316ac
17 5527/87 N J Oosthuizen P/L Makoni Longfield
5527,6502ha
18 7396/89 Rupako P/L Makoni R/E of the Farm Rupako
1124,5768ha
19 1957/65 Adam Farms P/L Makoni Howick 3638,3046ac
20 6180/90
Karen Kay Richards Marandellas Castle Combe 375,7716ha
21 1603/39 Safari P/L
Marandellas Eirene 4612,8153mor
22 6065/80 Derek Richard Hinde Marandellas
Killerton Estates 1246,0267ha
23 7339/73 Rufaro Bricks P/L Marandellas Rufaro
of Longlands 1303,4890ha
24 4391/99 Bayvale Inv P/L Marandellas Camdale
Estate 1824,7973ha
25 3646/76 J L Pretorius P/L Marandellas Howgate Estate
2511,5693ha
26 7993/89 Kilbride Est P/L Mrewa Athlone Estate
1331,8683ha
27 3265/88 Selvia Inv P/L Que Que Riverbend Estate
280,8304ha
28 5296/81 Red Dane Dairy P/L Salisbury Marirangwe
632,9454ha
28 2148/2000 Malberry Farming P/L Salisbury Duiker
1104,0246ha
30 8406/97 Five Star Holdings P/L Salisbury Huntcroft Estate
1126,1961ha
31 1663/63 Saratoga Farm Successors P/L Salisbury R/E of
Saratoga
2628,8200ac
32 3667/95 Farland Inv P/L Salisbury Thorndale
644,0502ha
33 5319/86 Michael Alan Howard Burr Salisbury Lot 1 of Alicedale
325,8573ha
34 5627/81 Frans Jacob Jordaan Salisbury Lot 1 of charleston
400,7996ha
35 5627/81 Frans Jacob Jordaan Salisbury Lot 1 of Vrede
121,4846ha
36 638/65 Iris Dawn Bannister Salisbury Lot GA Guildford
231,9440ac
37 3010/55 G M Swan P/L Salisbury Karreboom 1664,122mor
38
4055/73 Chibvuti P/L Salisbury Chibvuti 1069,6483ha
39 4700/71 Peplow Country
House Hotel P/L Umtali R/E of Tall Trees of Devon
33,2944ha
40 2281/86
Speros Peter Landos Umtali Riverside 984,1392ha
41 1804/84 Karl Berthold Wolf
Umtali Jagersberg 63,5758ha
42 2214/87 Fels Estate P/L Wedza Remainder of
Bristol Est 1294,4112ha
Lot 180 (Section 5 Notices) - 27
properties:
1 1942/89 Gladys Marjorie Parkin Bubi Farm G1 of Bletchingley
Block
727,1871ha
2 1169/76 Cedric Robers Wilde Bubi Sailor's Hope
464,3794ha
3 637/83 Meikles Ranches P/L Bubi Hamilton's Farm 2567,3400ha
4
1870/71 Muir Inv P/L Bubi Remainder of Gabriella of Robert
Block
804,3918ha
5 1870/71 Muir Inv P/L Bubi Farm 3 Called Gabriella A of
Robert Block
809,3567ha
6 1870/71 Muir Inv P/L Bubi Lot 2 of Huntsman Farm
102,3460ha
7 2008/96 A & M Ranching P/L Bubi Fairview 999,6850ha
8
100/84 Anthony Ross Bronwlee-Walker Bubi Wessels B of S/D A of
Wessels
1235,5130ha
9 1942/89 Gladys Marjorie Parkin Bubi S/D G3 of
Bletchingley Block
323,7382ha
10 1170/81 Huckel Farms P/L Bubi S/D C of
Allendale 2110,9087ha
11 3906/71 Drillwell Partnership Bubi Dysart
1281,9834ha
12 491/88 Dudley William Barclay Nicholas & Carol Ann
Nicholas Bubi
Redlands Valley 4349,4985ha
13 756/78 A & M Ranching P/L
Bubi Courthleigh C 4362,8326ha
14 3367/83 Adrian Godfrey Carbutt Bubi St
Ninians 2599,6593ha
15 760/85 George Parkin Bulawayo Farm 9 of Woollandale
Est 590,8419ha
16 759/85 George Parkin Bulawayo Farm 6 of Woollandale Est
813,6679ha
17 225/98 Gary Richard Norvall Bulawayo Umgusa Irrigation Lot 9
29,0962ha
18 225/98 Gary Richard Norvall Bulawayo Umgusa Irrigation Lot 29
60,3367ha
19 79/70 Sotani Farm Inv P/L Lupane Sotani 19008,3720ac
20
4727/91 George Lewis Dando & Raymond Hector Dando & Jane
Butler
Nyamandhlovu Pontnewydd Extension 289,9136ha
21 337/95 Chrystamel
Ranching P/L Nyamandhlovu Lot 2 of Inyokene C of
Inyokene 669,6479ha
22
2115/93 Samunya Farming P/L Nyamandhlovu Ulundi Estate 1304,1615ha
23 2020/87
Hilda's Kraal Farm P/L Nyamandhlovu R/E of Hilda's Kraal
434,3894ha
24
4727/91 George Lewis Dando & Raymond Hector Dando & Jane
Butler
Nyamandhlovu Pontnewydd 756,8796ha
25 4143/89 Burford Farms P/L
Nyamandhlovu Burford 235,5410ha
26 649/99 Cedgay P/L Nyamandhlovu Remainder
of Paddy's Valley 1166,8166ha
27 2890/71 Antoinette Estate P/L Wankie Annex
Antoinette 428,2576ha
UPDATE 3-IMF meets to consider Zimbabwe expulsion or
warning
Fri Sep 9, 2005 4:06 PM ET
WASHINGTON, Sept 9 (Reuters) - The International Monetary Fund's executive
board met on Friday to decide whether to expel cash-strapped Zimbabwe over its
unpaid arrears, a move that could deepen the beleaguered country's economic
isolation.
President Robert Mugabe's government coughed up $120 million last week to
stave off expulsion from the fund, raising the possibility the IMF would simply
issue a warning to the southern African nation.
Zimbabwe, which has been in continuous arrears to the IMF since February
2001, still owes $175 million to the fund.
Compulsory withdrawal is the last step in a series of escalating measures
that the IMF applies to members that fail to meet their obligations under the
fund's articles of agreement.
The IMF has forced out only one country, the former Czechoslovakia, in its
more than 60-year history.
If the executive board recommends Zimbabwe's ouster, the full board of
governors could vote on the issue at the fund's annual meeting later this month
in Washington.
Six years of rapid economic decline has left Zimbabwe with unemployment of
more than 70 percent, triple-digit inflation and acute food and fuel shortages.
Its crisis has been worsened by the withdrawal of aid by key donors who cited
policy differences with Mugabe, especially his forcible redistribution of
white-owned commercial farms among blacks.
Mugabe, in power since Zimbabwe's independence in 1980, denies he has
misruled the country and says opponents of his land reforms have sabotaged the
economy. Mugabe has recently sought financial aid from neighbor South Africa and
China.
In an editorial entitled "Zimbabwe can survive with or without IMF" on
Friday, the state Herald newspaper said the outcome of Friday's meeting should
not spell doom for the country "as the future of Zimbabwe and its prosperity
rests on its citizens."
But the paper conceded that remaining a member of the IMF was important and
would lessen Zimbabwe's heavy economic burden by reopening closed international
lines of credit.
"Zimbabwe, to a large extent, has done all it could have possibly done over
the six-month period to remain part of the IMF community and, if judged fairly,
should not be chucked out of the Fund today," the Herald said.
"However, if it so happens that we are booted out of the IMF, it will
certainly not be the end of the road for this country. We have survived up to
this day without financial assistance from the IMF and we are sure we could
still survive without them."
Zimbabwe's surprise payment last week raised questions about how the
government had raised the money when the country was facing a shortage of
foreign currency.
The government said the funds came from export earnings, inflows from
expatriate Zimbabweans and locals working for foreign-owned organizations who
are paid in foreign currency. Zimbabwe's arrears stood at $295 million before
the payment.
© Reuters 2005. All Rights
Reserved.
UPDATE 4-IMF again postpones decision on Zimbabwe expulsion
Fri Sep 9,
2005 8:03 PM ET
WASHINGTON, Sept 9 (Reuters) - The International Monetary Fund's
executive board on Friday postponed casting judgment on whether to expel
Zimbabwe as a member but pledged to revisit the issue within six months.
The
IMF board, which has twice before put off an expulsion verdict for Zimbabwe,
said it deferred acting on the country's membership status because of recent
arrears payments and some small exchange rate and monetary policy steps.
"This decision provides Zimbabwe with a further opportunity to strengthen
its cooperation with the IMF in terms of economic policies and payments," the
fund said in a statement.
The IMF began a process to revoke Zimbabwe's
membership in December 2003 after the government fell back on debt repayments to
the global lender.
The executive board has twice since -- in July 2004 and
February 2005 -- postponed recommending that Zimbabwe be stripped of its fund
membership, a move likely to further isolate the beleaguered southern African
country.
Compulsory withdrawal is the final step in a series of escalating
measures that the IMF applies to members failing to meet their obligations under
the fund's articles of agreement.
The IMF has forced out only one country --
the former Czechoslovakia -- in its more than 60-year history.
Six years of
rapid economic decline has left Zimbabwe with unemployment of more than 70
percent, triple-digit inflation and acute food and fuel shortages.
Its
economic crisis has been worsened by the withdrawal of aid by key donors who
cited policy differences with President Robert Mugabe, especially his forcible
redistribution of white-owned commercial farms among blacks.
Mugabe, in
power since Zimbabwe's independence in 1980, denies he has misruled the country
and says opponents of his land reforms have sabotaged the economy. He has
recently sought financial aid from neighbor South Africa and China.
The IMF
board, which said it would reconsider whether to expel Zimbabwe within six
months, said the country needed widespread fiscal, monetary and exchange rate
reforms to reverse its economic woes.
advertisement
"There is a significant risk that unless strong macroeconomic policies are
undertaken without delay, economic and social conditions could deteriorate
further," it said. "Providing adequate social safety nets and food security for
vulnerable groups ... are also critical priorities."
Zimbabwe, which has
been in continuous arrears to the IMF since February 2001, paid the fund $120
million last week but still owes about $175 million.
Last week's unexpected
payment, which contributed to the board's decision to postpone an expulsion
move, raised questions about how the government had raised money when the
country was facing a shortage of foreign currency.
The government said the
funds came from export earnings, inflows from expatriate Zimbabweans and locals
working for foreign-owned organizations who are paid in foreign currency.
The IMF said Harare has indicated it intends to fully eliminate its arrears
to the fund by November 2006.
© Reuters 2005. All Rights
Reserved.
Washington Post
Zimbabwe Makes Partial Payment on Debts
By HARRY DUNPHY
The
Associated Press
Friday, September 9, 2005; 8:50 PM
WASHINGTON -- The International Monetary Fund's executive board decided
Friday to defer a decision on whether to expel Zimbabwe after the southern
African nation made a surprise partial payment last week of millions of dollars
toward arrears.
The IMF board said the decision "provides Zimbabwe with a further
opportunity to strengthen its cooperation with the IMF in terms of economic
policies and payments."
The board said it will take up Zimbabwe's expulsion within six
months.
Zimbabwe's economy has been in free fall since March 31 parliamentary
elections, widely seen as fraudulent, gave embattled President Robert Mugabe's
African National Union-Patriotic Front 55 of parliament's 120 elected
seats.
The decision not to expel Zimbabwe now will provide a boost for Mugabe,
who could portray it as a victory over the United States and Britain, which he
repeatedly portrays as his enemies.
Zimbabwe's $120 million payment to the IMF last week was a factor in
the decision, the board said, as well as economic changes Zimbabwe had made
since the IMF last reviewed its economy in February. Zimbabwe has asked its
neighbor, South Africa, for help in meeting its remaining obligation to the IMF
of $175 million.
One Zimbabwe dollar was worth $2 U.S. when Rhodesia became Zimbabwe in
1980. In a recent "managed auction" conducted by the central bank, $1 U.S.
bought 18,003-24,025 Zimbabwe dollars.
The IMF board stressed that Zimbabwe needs to provide adequate social
safety nets and food security for vulnerable groups. An estimated 4 million of
Zimbabwe's 12.5 million people need food aid in what used to be southern
Africa's breadbasket.
IMF Considers the
Complaint Regarding Zimbabwe's Compulsory Withdrawal from the IMF
The Executive Board of the International Monetary Fund
(IMF) has reviewed Zimbabwe's overdue financial obligations to the IMF and
further considered the Managing Director's complaint regarding Zimbabwe's
compulsory withdrawal from the IMF
Taking into account Zimbabwe's increased payments to the IMF and its initial
policy steps since the last review in February 2005, the Executive Board decided
to postpone a recommendation to the IMF's Board of Governors with respect to
Zimbabwe's compulsory withdrawal from the IMF. This decision provides Zimbabwe
with a further opportunity to strengthen its cooperation with the IMF in terms
of economic policies and payments. The Executive Board will consider again the
Managing Director's complaint regarding Zimbabwe's compulsory withdrawal from
the IMF within six months.
The Executive Board welcomed Zimbabwe's payments of US$131 million to the IMF
since the last review, which resulted in a significant decline in the country's
arrears to the IMF. The Board also noted the authorities' intention to fully
eliminate arrears to the IMF by November 2006.
The Executive Board noted that Zimbabwe has taken some initial policy
measures in the area of exchange rate and monetary policies since the last
review, but concluded that these fell well short of what is needed to address
Zimbabwe's economic difficulties. It warned that there is a significant risk
that unless strong macroeconomic policies are undertaken without delay, economic
and social conditions could deteriorate further. The Executive Board urged
Zimbabwe to adopt and implement a comprehensive and coherent adjustment program
as a matter of urgency, in the areas of fiscal, monetary, and exchange rate
policies and structural reforms. The Board also stressed that providing adequate
social safety nets and food security for vulnerable groups, including those
affected by "Operation Restore Order" and HIV/AIDS, are also critical
priorities.
Zimbabwe has been in continuous arrears to the IMF since February 2001. As of
September 8, 2005, Zimbabwe's arrears to the IMF amounted to SDR 119 million
(about US$175 million), or about 34 percent of its quota in the IMF. Of this
amount, SDR 37 million (about US$54 million) is owed to the General Resources
Account and SDR 82 million (about US$121 million) to the PRGF Trust. Compulsory
withdrawal is the last step in a series of escalating measures that the IMF
applies to members that fail to meet their obligations under the Articles of
Agreement.
