The ZIMBABWE Situation | Our
thoughts and prayers are with Zimbabwe - may peace, truth and justice prevail. |
Email:
justiceforagriculture@zol.co.zw
Website www.justiceforagriculture.com
As
Zimbabweans and the world await news of proceedings at the Meeting of
Commonwealth Troika in Abuja, Nigeria on 23rd September 2002, Justice
for Agriculture (JAG) Zimbabwe release the
following statement:
Just
this past week Parliament was called into session to debate a new bill, which
awaits the Presidents endorsement. The need to make this amendment is further
proof that Land Reform has been implemented without due regard to the laws.
THE
WAY FORWARD FOR ZIMBABWE
1. A
return to a legally recognised Land Reform Programme - “People first”. The
10-year resettlement programme “People First”, adopted in June 2001 said
government had already listed 6 million hectares for acquisition, one million
more than it thought it would need for resettlement in that period, and it would
start de-listing. Another 4 million hectares have instead been added. The
programme has been doubled in area and shortened from 5 years down to just one,
without resources to pay for any part of it. Forgotten is that precaution to
spread land acquisitions over 5 years to 2005 and to still leave a 6 million
hectare “strategic core” which government recognised was necessary for economic
stability and food production.
2. A
return to the previously adopted criteria and the delisting of farms acquired
that cannot be turned into productive units due to budgetary restrictions in
terns of inputs and compensation. Despite previously set criteria, 1 024 single
owned farms have been listed for acquisition with at least 50% of these farmers
being off their farms and unable to produce. A large number of these were
stopped from farming after the signing of the 6th September Accord.
3. Appointment
of an impartial board in accordance with the Land Acquisition Act and
Constitution, and the Agricultural Land Settlement Act governing applications
for allocation of land and conduct an independent audit. The laws regarding
allocation have not been complied with. An impartial board is required to
consider each application for a lease, with specific criteria to be taken into
account, and make recommendations. This has not been done.
4. Promises
have repeatedly been made for a transparent land reform programme, but little
detailed information is available about the ultimate beneficiaries. There are
serious problems over the allocations, arising in part from the Minister’s
announcement in April that maximum farm sizes would not apply to blacks, only
whites. The few published lists and information from farms show that some
people, particularly those associated with police and defense forces,
government, and the ruling party are receiving pieces of land far larger than
those maximum farm sizes, largely at the expense of other Zimbabweans including
skilled farm workers.
a) Over
50 000 people were promised ‘commercial’ plots of land before the election,
their names published as approved applicants. Only about 12 000 seem to have
actually been allocated land. The overall total names officially published of
those who have now been allocated and accepted land is only about 6 456 names,
on 698 farms. The number of farms thus shown is insignificant.
b) A
recent survey conducted by the Zimbabwe Community Development Trust (ZCDT)
indicated that already 150 000 agriculturally skilled employees are jobless and
only 34 000 of these have somewhere to go with some obtaining plots. This
translates to 750 000 Zimbabweans displaced to date.
5. The
polarisation of Zimbabweans. This current environment is not conducive to true
democracy and this has also allowed for the denuding of the rule of law.
a) Property
Rights are enshrined in the principles of FREEDOM. Commercial Farmers owned 28,2
of Commercial land, of this 97% has been listed for compulsory acquisition.
Despite this, Government is silent on the aspect of Title. The new beneficiaries of the A2 Resettlement
Model (Commercial) are receiving mixed signals and already the Banking sector
have said they will not fund new farmers who do not possess collateral.
Commercial Farming can only succeed on the basis of ‘Security of Tenure and
Provision of Collateral”.
b) Settlers
trying to use contested land risk losing all they plant if the Administrative
Court decides against the government. The Court must order the return of the
land, and there is not provision for the interim settlers to receive
compensation. Because of this, banks
will not lend funds invested with them to the new settlers on those farms. There
is insufficient money or resources to help the new settlers together with those
already needing help elsewhere in the country after the failure of last years
dry land crop, mainly because of delays in paying for the previous years maize
crop and delayed planting.
6. Government
of Zimbabwe to make a public statement calling for Settlers/War veterans/ other
persons to cease interfering in the vital production process on legally correct
farms and where there are violations, to press for convictions of offenders.
a) Unlisted
farmers who thought they were being left as part of that 6 million hectare core
and planted crops have since found their farms listed, then been given an order
from the Minister to stop farming and leave their homes before completing
harvest and rendering their staff jobless.
b) Allowing
the farm owners to reap, harvest and market all Wheat grown.
c) Urgently
allowing an environment conducive to the planting of Tobacco Seed beds. The
arrests of Tobacco farmers in the last few weeks compromised 4.3
million kgs of flue cured tobacco valued at Z$1.4 billion and severely eroded
confidence at a crucial time.
d) Allow
for the Agricultural sector to dialogue amongst themselves WITHOUT political
interference to source ways to plant food crops necessary to ameliorate
widespread starvation for Zimbabweans.
7. Government
of Zimbabwe to clarify Compensation issues. Moreover, under the Constitution,
when the government does not act in accordance with its programme, it is
required to promptly pay full “fair compensation”, including for the land
itself. It clearly has no funds allocated or available for this, again contrary
to the law.
a) Section
16(1) of the Constitution requires any law for compulsory acquisition a) to
require the authority to give reasonable notice of an intention to acquire, and
b) to require the authority to pay compensation before or within a reasonable
time after acquiring it. Only 106 owners have received payment (in part) since
January 2000, and the Minister has announced he is not paying anything more to
owners now. The draft budget for next year contains no allocation for land
acquisition.
8. Rule
of Law Commitment. Despite the promises made on the 6th September
2001, lawlessness continues unabated on the farms.
a) The
land reform programme conducted over the last 3 years has been both brutal and
chaotic. Farmers and their loyal staff have had their homes burnt down; had
their equipment and personal assets looted and stolen; many have been subjected
to torture and been unlawfully imprisoned. Despite this level of criminal
behavior often perpetrated by state sponsored elements, no farmer or their
workers have retaliated with firearms, even under the most extreme
provocation. Scores of persons in our
sector have been murdered and yet not one conviction has been secured. Instead
the State, hell-bent on their ‘propaganda’ campaign ‘fast-tracked’ the case of
Philip Bezuidenhout and after a three-week campaign of intimidation on the
judiciary, we are not surprised that he was sentenced to 15 years in prison,
saved from a Death sentence by a ‘whisker’ after Judge Hlatshwayo allowed
extenuating circumstances.
In
is the view of JAG members that unless Zimbabweans take back into their own
hands the production of food from the Politicians who merely use it as a tool,
there will be a humanitarian crisis of enormous proportions come
November/December. Our people are already hard hit with the HIV/Aids pandemic
and to burden their immune systems with low nutrition at this time is tantamount
to committing murder most foul.
We
the executive of JAG request on behalf of the agricultural sector, that the
Commonwealth Troika members, Nigerian
President Olusegun Obasanjo, South African President Thabo Mbeki and Australian
Prime Minster John Howard intervene to assist Zimbabweans in curbing
political interference that lends a lie to the true meaning of Sovereignty.
(Sovereignty is defined as – The sovereign good the greatest good, esp. for a
State, its people, etc.)
When
you meet and discuss the Zimbabweans situation with the Zimbabwean delegation,
please help us to make them accountable to the disaster they have perpetrated
against their own people.