________________________________________
PRESS CONFERENCE INVITATION ~ J.A.G.
PRESS CONFERENCE
INVITATION
(Business leaders welcome)
Jenni Williams - JUSTICE FOR
AGRICULTURE ZIMBABWE
Cordially invites you to a breakfast
meeting
On Friday 6th September 2002
Time 7:15 for 7:30 am to
9am
At THE GRACE in Rose bank, Johannesburg (53 Bath Avenue. Jan Smuts
Avenue
towards town, left into Tywhrit Avenue. To 3rd traffic light and right
into
Bath Avenue. Go past the entrance to the Hotel to park in the
basement
parking area)
(A finger breakfast will be
served)
Topics:
1. Presentation Justice for Agriculture
2. Visuals
"Wet Drought" and its impact on Commercial Agriculture
3. The Special
Beneficiaries of 'People First'
4. Land Reform or Land Piracy - compromising
TRADE whilst embracing AID!
Background information:
ZIMBABWE LAND
DISTRIBUTION BY SECTOR AS AT SEPT 2001
1. Zimbabwe is 39 079 000 hectares in
extent. Large Scale Commercial Sector
(6 000 farms) on 11 020 000 hectares
which is 28.2 percent. Commercial
Farmers' Union Members owned 8 595 000
hectares.
STATE LAND is 27 604 000 hectares, 70.6 percent; PRIVATE LAND
is 11 275 000
hectares, 28.9 percent and URBAN LAND is 200 000 hectares, 0.5
percent.
As at 19 July 2002, there were 6148 farms measuring 10780963
hectares of
land listed for acquisition. On this date there were 465 farms
measuring 864
579 hectares delisted from acquisition. There were 339 farms,
770 759
hectares that had previously been delisted, relisted for acquisition.
This
brought the nett figure to 6 022 farms on 106 8714 hectares of land.
To
translates to 97 percent of the land
acquired.
News release
(On behalf of Justice for
Agriculture - JAG)
Land Acquisition 'by Grace and
favour'
COMMERCIAL farmers are receiving positive judgments from the
Zimbabwean
judiciary even though an insidious campaign of intimidation
against the
legal profession unfolds. These attacks, reported in the press in
the last
few weeks, are not isolated incidents. They are part of a pattern
of
intimidation meant to enforce judicial and legal support for the
government'
s policies or failing this to declare it irrelevant. With these
developments
yet another barrier has been placed in the road to a return to
the rule of
law.
President Mugabe continues to usurp any and all
speaking opportunities to
'pretend' that no single-owned farms are being
acquired and that his
Government is abiding by its criteria.
As this
release is written the Andy and Sharon Kockott who won their legal
battle to
retain their farm, stand by and watch as their Coffee plantation
is uprooted
to make way for illegal settlers huts. The Carter family on
unlisted Wye Farm
were last allowed in their Raffingora home in January
2002. They grew
Virginia Tobacco, Paprika and Maize. Smith Mereki, a war
veteran evicted them
scoffing at their High Court order granting them the
right to continue
farming. These are a few of the 1024 single owned farms
listed for
acquisition and in most cases illegally evicted by war veterans.
Many will
win their cases and be permitted to return to their farms but the
battle to
win their right to a livelihood continues.
Justice for Agriculture call
on our President to explain why there is such a
chasm between his 'words' and
the 'deeds' of the settlers on the ground. We
call on him to accept that he
has compromised agricultural TRADE for
shameful AID and reduced proud
Zimbabweans to piteous beggars in just two
years. More and more land that was
once productive lies fallow, this as the
dams are 75% full.
As to the
land reform programme, we demand an explanation as to why he is
not
accountable to his constitution and to the legal instruments ignored
in
implementing the land reform programme. The programme communicated in
the
'People First' policy document is also being ignored despite the fact
that
it was recognised by the Supreme Court as a 'sound'
programme.
Land is being handed out willy nilly to the politically
correct with scant
regard to sustainable development or even to legalizing
the position of
settlers on the land so that they can speedily grow crops to
feed Zimbabwe.
JAG has before the courts, test cases challenging the
amendments to the Land
Acquisition Act. These amendments, which came in
through the back door of
parliament by ignoring standing orders, are odds
with the Zimbabwean
Constitution. JAG will continue to advocate for
agricultural stakeholders to
continue to test the judiciary in the hopes that
this will unlock the way
forward for a return to the rule of law and true
peace and productivity in
Zimbabwe.
Meanwhile Ministers Made (Lands
and Agriculture), Chombo (Local Government
and National Housing Affairs) and
Chinamasa (Justice, Legal and
Parliamentary Affairs) continue to insist
settlers from both the A1
(villagised) and A2 (commercial) take up land
allocated to them by the Lands
and Agriculture Ministry. In so doing they are
forcing the shutting down and
eviction of farm operators and their staff. The
Ministers are also silent on
the provision of any legal rights on the land
allocated.
Under current legislation no government minister can give out
legal rights
in State property, including any land acquired by the State,
except in terms
of a power given to him by a statute.
The statute in
question, the Agricultural Land Settlement Act Ch 20:01
requires the
Agricultural Land Settlement Board consider every application
for a lease and
make its recommendations and report before the Minister
makes a decision to
allocate land.
This Board has to take into account various matters
specified in the Act,
and keep a record of its proceedings. No Members of
Parliament can be
involved, and any Board member who has any interests
himself or through
family or business interests has to declare this interest
and can take no
further part in the process.
Despite this, when the
Chairman and Secretary of the Board were subpoenaed
to attend a court in
Harare last week, the Ministry of Lands advised that it
had not been working
and had not considered any applications, and that the
identities of the
Chairman and Secretary were not even known there - finally
confirming
mounting suspicions that the law on allocations was being
totally
disregarded.
All the allocations are instead being made by
Land Task Force Committees
chaired by the Provincial Governors who fall under
the Ministry of Local
Government and Housing whose Minister is Ignatius
Chombo, himself an illegal
invader of a farm in Mashonaland West.
It
appears that all new settlers are being asked to begin cropping on land
that
they have no legal rights on. Legal opinion is that the 'Allocation
Letters',
which are signed by Minister Made and made available to
beneficiaries, have
been prepared and are issued without any consideration
or recommendation from
the Board, first, are of no legal effect, "quite
worthless".
This adds
another legal problem for settlers, particularly those trying to
raise funds
from financial institutions. Already if the Minister fails to
prove a case
against the owner in the Administrative Court (where cases
concerning about
2,500 pieces of land are pending), the Land Acquisition Act
obliges the court
to order its return to the owner. The Act makes no
provision for any payment
to be made for standing crops by either the owner
or government, and it is
thought to be very unlikely that the law could help
them at all in terms of
restitution of losses.
Government has also been urging settlers to quit
their jobs before they move
onto the land. The Act requires that new settlers
use the land themselves -
precluding them from handing over possession to
another.
As Government Ministers, we presume that the above Ministers are
well aware
of the Act. It is referred to in the official land reform
programme, and in
various forms being handed out, and their motives for
ignoring it in
practice and creating a situation where settlers are using
land only 'by
grace and favour' are unknown.
The decisions on what
land to take and who will get it are incorrectly being
made by the
unauthorised people, instead of the Court first deciding what
should be taken
and the Board considering who will be able to use it.
No effort is being
made to calculate the cost or stay within the budget for
acquisitions. The
result is that, contrary to the official program aimed at
under-utilised
land, the best developed land is usually being targeted,
existing farm
businesses are being shut down, and farmers are seen being
chased from their
homes - while the country is believed to be racking up
debts for compensation
which will burden it for years to come.
JAG is also in the process of
putting together a group action to sue for
losses in terms of stolen assets
and loss in earnings for both owners and
employees. Estimates available
indicate that the amount in question could
far exceed Z$ 20
Billion.
Ends
4th September 2002
Contact Jenni Williams on roaming
mobile (+263) 11213 885 or on email
jennipr@mweb.co.zw
Client information - For privileged use by the addressee only.
Contact
Jenni Williams on Mobile (+263) 91 300456 or 11213 885 Or on email
jennipr@mweb.co.zw
or
Fax (+2639) 63978 or (+2634) 703829
Office email prnews@mweb.co.zw
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