NEW ARRESTS OF NYAMANDHLOVU FARMERS
S•A•C•F•A
Southern African Commercial Farmers Alliance
On the afternoon of Friday 28 May 2010 police went to James Taylor’s Cedor Park Farm and arrested him. He is allegedly to be charged under the Gazetted Lands (Consequential Provisions) Act for being in occupation of State Land without a Permit, Offer Letter or Lease.
His son Matthew who was temporarily working in the Figtree district nearby went to Nyamandhlovu police station to assist his father and was also arrested on arrival.
James Taylor has suffered a stroke and is diabetic. He is by no means well and his stroke has left him no longer the man he was previously. The police refused to allow anyone to bring him his medication until much later in the evening.
The following morning, Saturday, Advocate Tim Cherry went to Nyamandhlovu in an endeavour to have James and Matthew released.
He spoke to the acting Officer-in-Charge Assistant Inspector Monyera (cell phone number +263 712-599676) who refused to accept any documentation from Advocate Cherry.
Eventually Advocate Cherry was obliged to read out to Monyera in front of witnesses a letter from James Taylor’s medical physician Doctor Legg concerning the fragility of James Taylor’s medical condition and the risks to his life should Monyera continue to keep him in custody.
Assistant Inspector Monyera then threw the letter down on his desk. As a policeman he should understand the consequences of such reckless behaviour which may result in a charge of culpable homicide should James’ health deteriorate into a diabetic coma and bring about his death.
The senior officer in charge of this totally illegal exercise is a Superintendent Ngerazi who looks particularly young to have attained such high rank. He has been sent down from Lupane to oversee the expulsion of the Taylors and others in the Nyamandhlovu and Inyathi districts. Superintendent Ngerazi refused to entertain anything that Advocate Cherry had to say, nor would he take any notice of an imminent High Court ruling which must be given in Taylor’s favour.
Taylor years ago gave up his Shirville Farm alongside Cedor Park for resettlement. In return the notice under the Land Acquisition Act to acquire Cedor Park was withdrawn by the acquiring authorities. It therefore does not qualify as “State Land” in terms of Constitutional Amendment 17 which in any event has been struck down as illegal in terms of the rules of the Southern African Development Community Treaty.
Nevertheless the farm was invaded some months ago by one H Chiguru who proffered an Offer Letter which “authorised” him to occupy Shirville Farm next door.
Offer Letters have no basis in Zimbabwe law but are regarded as valid legal instruments by our police. Offer Letters for somewhere else can surely have no validity whatsoever. The whole hodgepodge is an illicit brew of illegality actively supported by an incompetent or complicit police authority.
This unwarranted invasion by Chiguru resulted in a spoliation application to the High Court and an interim order was granted against Chiguru ordering him to vacate the property which had not been allocated to him.
The application to have the interim order made final has been heard and the final order should already have been issued, but because according to law it must embarrassingly go in Taylor’s favour it is apparently being delayed.
Initially in terms of the interim order Chiguru vacated the property, but today Sunday 30 May 2010 at about 10.30 am Monyera took young Matthew back to Cedor Park and forced him to empty two rooms in the farm homestead so as to assist Chiguru’s two sons to occupy the wrong property.
Even under the supposed “legality” of the Fast Track Land Reform Programme this is out of bounds. The two sons demanded that James’ boerboel dogs be removed to town before they could summon up the courage to occupy the home of an ill man incarcerated in police cells some ten kilometres distant.
The manoeuvre is strangely reminiscent of Senior Assistant Police Commissioner Edmore Veterayi’s actions when he insisted in occupying Digby Nesbitt’s guest room in Digby’s house in Chiredzi until the Nesbitts were eventually forced to vacate.
Yet again, Ed Grenfell-Dexter was ordered to prepare a room for the destined beneficiary in Ed’s farm house. It was this that led Ed to move to Bulawayo. Matthew, having cleared the two rooms as required, Monyera took him back to the police cells in Nyamandhlovu where he and his father will spend their third night in custody.
Over the last three days Superintendent Ngerazi and Assistant Inspector Monyera have been harassing and haranguing the jailed James Taylor and his son demanding why they have not vacated his farm as instructed by the police when Chiguru first invaded the wrong property.
With no offence meant to James, he is not well after his stroke and is in no condition to withstand this sort of illegal pressure and harassment. His son is very young and as a result not sufficiently legally learned and schooled to deal with such illegal compulsion either.
In terms of the law they are under no obligation to vacate their property. Finally, for those who recall our previous press release of 27 May 2010:
With the assistance of Imran Simmins, First Secretary Political, South African Embassy, Harare, both kidney transplant recipient Goff Carbutt and the 78 year old Ed Grenfell-Dexter were released from the police cells at Inyathi and taken to the Attorney-General’s office in Bulawayo.
After much consultation behind closed doors the two were released without charge but were told they would not be allowed to return to their homes.
They were not advised of the legal grounds on which the Attorney-General’s office was able to make this ruling. They were told that should it be required, the State would proceed by means of summons.
In other words they were wrongfully arrested and detained and are therefore entitled to demand suitable redress. Their evictions also breached the South African and Zimbabwe Bilateral Investment Treaty.
In spite of blandishments by politicians, Zimbabwe remains a dangerous investment destination. Tomorrow morning Advocate Tim Cherry will proceed to Nyamandhlovu to see what is in store for James Taylor and his son. In terms of the law they must both be brought before a magistrate and charged since 48 hours has passed since their arrest.
Looking at the similar experiences of Goff Carbutt and Ed Grenfell-Dexter it may be reckless for the authorities to consider laying charges.
C M JARRETT – CHAIRMANSOUTHERN AFRICAN COMMERCIAL FARMERS ALLIANCE – ZIMBABWE30 May 2010