THE HERALD – THURSDAY 2 APRIL 2009
PROSECUTION OF WHITE FARMERS LAWFUL
The prosecution of white commercial farmers refusing to vacate farms acquired by Government is lawful, the Supreme Court has ruled.
However, Chief Justice Godfrey Chidyausiku ruled that refusal by a Chegutu magistrates’ court to refer to the case of one of the farmers, Thomas Beattie, to the Supreme Court for it to consider constitutional issues he raised during trail was wrong.
The ruling comes after Beattie filed a constitutional challenge last month against the decision by the town’s magistrate, Mr Ignatius Mugova, refusing to refer his case to the superior court to consider constitutional issues he raised at his trial.
Beattie was also challenging certain sections of the Criminal Law (Codification Reform) Act under which he is being prosecuted saying they were in violation of certain sections of the Constitution of Zimbabwe.
The commercial farmers were being charged for contravening Section 3 (2) of the Gazetted Lands (Consequential Provisions) Act for allegedly remaining on acquired land without authority. “The refusal to refer the constitutional issue in the magistrates’ court in the matter of State v Tom Beattie (Pvt) Ltd and Thomas Irving Beattie to the Supreme Court for determination was wrongful and consequently a breach of the applicant’s right to protection of law under Section 18 (1) of the Constitution of Zimbabwe,” said Justice Chidyausiku.
He said the sections of the Criminal Law (Codification Reform) Act Beattie wanted to invalidate were consistent with Section 18 of the Constitution. The Chief Justice further ruled that the law under which the farmers were being prosecuted was in conformity with the provisions of the supreme law of the country, making the prosecution lawful.
However, the judge did not give reasons for his ruling saying they would follow in due course. In January this year, Beattie made an application to the magistrates’ court for referral of his case to the Supreme Court to determine whether the sections of the Act under which they are being charged were constitutional.
But provincial magistrate Mr. Mugova dismissed his application saying he was of the view that he could competently deal with the issues raised by the charges without the need for the intervention of the constitutional court.
In his papers filed with the court Beattie, the former owner of Chigwell Farm, stated that Mr Mugove violated certain provisions of the Constitution by denying him the right of access to the Supreme Court as enshrined in the supreme law of the country.
He wanted the constitutional court to deal with the issues that were wrongfully refused to be referred to it.The Attorney-General’s office had opposed the apploication on the grounds that I lacked merit and asked the constitutional court that included Deputy Chief Justice Luke Malaba and Justices Misheck Cheda, Vernanda Ziyambi and Paddington Garwe to dismiss it.
Advocate Lewis Uriri, who was being assisted by Advocate Thabani Mpofu, represented Beattie while Deputy AG in charge of the Civil Division Advocate Price Machaya appeared for State.