Dear fellow farmers and friends
I would like to start with apologies that due to factors beyond my control, this has not reached you in time to be the traditional Christmas message, and I do hope that it gets to you before it is too late to be a New Year Message.
For most of the world’s population, Zimbabweans included, 2020 will be a year that will never be forgotten. The COVID-19 Pandemic that has dominated almost every aspect of our lives since March and in some cases robbed us of family members and friends, shows no signs of abating as new strains of this disease emerge in different parts of the world and continue to dash hopes that life will return to “normal” in the near future.
For our constituency and hopefully for Zimbabwe as a whole 2020 will also be remembered for another reason. After almost 20 years with absolutely no hope of any meaningful compensation for those of us who lost our land, our businesses and our “pensions” as a result of the Fast Track Land Reform Programme, and after almost 20 years of economic hardship that the people of Zimbabwe have had to endure as a result of the same programme, the Global Compensation Deed was signed on 29 July by the Government of Zimbabwe and farmer representatives at a well publicised ceremony presided over by His Excellency, President E.D. Mnangagwa.
Whilst the signing of the agreement signalled the beginning of a process that we all hope and pray will lead to the economic recovery that the country so desperately needs and the payment of the compensation that we have waited so long for, it is also testimony to His Excellency President Mnangagwa’s ongoing determination to fulfil the commitment that he made in Davos in January 2018 and has repeated on numerous occasions since then to deal with the compensation issue. This is a process that neither we as former farm owners nor the Government can afford to turn away from or give up on until it achieves its stated objectives. Failure will not only greatly diminish the chances of us receiving compensation in our lifetimes, but it could well condemn Zimbabwe to ongoing economic hardship and continued exclusion from our place in the family of nations.
In my Christmas message last year, I made the following statement. “As we move towards 2020, I am more convinced than ever that the problems that we as a nation are facing stem almost entirely from the way the Fast Track Land Reform Programme was carried out and the effects that it had on almost every aspect of life in Zimbabwe. Having said this, I am also more convinced than ever that the quickest and most sure way for us to recover and regain our status as the “Bread Basket of Southern Africa” and our rightful place in the family of nations is for the “protagonists in this conflict”, the Government and those who lost their farms to come to the place where we are able to put the past behind us and realise that we need each other and that we each have a vital role to play in the future. We will then be able, in an atmosphere of mutual trust, to come together to resolve the issues that have divided us and together work on a recovery plan that will be for the good of all Zimbabweans “.
From a purely legal view point, the Global Compensation Agreement has flaws and it is by no means a guarantee of payment, but it was born out of the process I described above when farmer representatives and the Government came together with a shared desire and unity of purpose to come up with an agreement that would be acceptable to all parties and could form the basis of the process going forward. Under the terms of the Global Compensation Deed, the Joint Resource
Mobilisation Committee which consists of Government and farmer representatives was set up to steer the Compensation Process. I am convinced that as we continue along the path working together as partners through this “vehicle”, supported by the unswerving commitment of His Excellency President Mnangagwa and his Government, we will be able to overcome the multitude of obstacles and challenges that are currently blocking the way to the results that we all want to see.
In the months that have followed since the signing of the agreement, whilst progress has been slower than we all had hoped, there have been many positive developments. Where in the past our community and the CFU in particular were sidelined and ignored, we are now made to feel welcome and included and our opinion and advice is requested and valued, and where before we were seen as the problem, we are now seen as part of the solution. Whilst communication and interaction at all levels between the CFU and President Mnangagwa’s Government has always been fair, it is very noticeable that since the signing ceremony relations have moved to a new level and cool receptions and distance have been replaced with warmth and an eagerness to engage. Whilst there may not always be agreement on the way issues should be handled, there is now the freedom to have open and frank discussions on all matters. This is particularly true when it comes to dealing with our line Minister, the Honourable Doctor Masuka who is always quick to respond to emails and goes out of his way to make time to meet when necessary.
On the back of the signing of the Global Compensation Agreement, a joint statement was issued on 31 August 2020 by the Honourable Minister of Finance and Economic Development and the Honourable Minister of Lands, Agriculture, Water and Rural Resettlement detailing the policy going forward with regard to agricultural land and since that time there have been a number of positive steps taken towards implementing this policy. In line with the statement, the Ministry of Lands are currently dealing with 145 applications for Offer Letters that were submitted by CFU on behalf of former farm owners who are still operating on all or part of their original farms but without any tenure documents. Whilst there have been unexpected delays, we were advised in a meeting that took place on 16 December that the applications were being processed, so hopefully early in the new year we will have some positive news. In addition to the Offer Letters that are to being processed, there are also a number of BIPA protected farmers who are in line to be issued with new Title Deeds for their properties that were acquired.
On the diplomatic front, 2020 has been a difficult year, mainly as a result of the COVID-19 Pandemic which not only put a halt to almost all of the functions and meetings that normally take place, but made it essential for foreign governments to focus almost entirely on dealing with the impact of the Pandemic on their own populations. One notable exception that needs to be highlighted is the World Bank which since the signing of the Global Compensation Agreement has been highly supportive of the Compensation Process and is actively involved by way of a team of experts which has been set up to give technical support to each of the different facets of the compensation process. This team includes amongst others, well qualified and highly experienced legal, land management, land tenure, financial and banking experts who are providing the advice and guidance that is required to ensure that the plans and policies that are being formulated to promote the recovery of agriculture and the economy in general will be sound and sustainable enough to attract the finance and investment that will be needed to not only pay the compensation but also to revive the economy.
Since the World Bank Technical Team was set up, numerous on-line meetings have been held with them and it is very evident that they have an extremely good grasp of all aspects of the Global Compensation Deed and the “road map” that needs to be followed in order for the compensation process to succeed. It is also clear that they are committed to working constructively and in a positive manner to help steer the process in the right direction. We are extremely indebted to the World Bank for this assistance.
A further positive development on the diplomatic front is the recent interest in the compensation process that has been shown by the South African Government through their Embassy in Harare. During two meetings that were held recently, the Ambassador stated that the South African Government has an obligation to work with the Zimbabwean Government to ensure that South African citizens whose farms were acquired during the Fast Track Land Reform Programme receive the compensation that is due to them. To me, this is very encouraging as the involvement and influence of the South African Government in the process will most likely have a major positive impact.
As I am sure everyone is aware, the Global Compensation Deed itself has attracted a lot of criticism from a legal perspective. I was greatly encouraged when recently the legal expert who played a part in the drafting of the Deed and the legal expert who was requested to draft an opinion on the Deed were able to meet together along with the CFU Legal Advisor to discuss the matter. The feedback that I received on the meeting was very positive and I am sure that the willingness of these “Legal Minds” to cooperate and work together to address any legal shortcomings in the agreement will go a long way towards allaying the fears of those who are concerned about them and towards bringing greater unity in our ranks.
As I look back over 2020 I am grateful for the many dedicated people that I have had the privilege of working with. The milestones that we have reached this year in spite of the COVID-19 Pandemic and the many other challenges have only been possible because of the way that each one of them has worked so tirelessly. I am extremely grateful to our Director Ben Purcell-Gilpin for all that he has done as he led the staff team in what has been an extremely difficult year. His ability to handle every situation that was thrown at him with incredible skill, tenacity and sensitivity will be greatly missed as he leaves us and moves on to new endeavours. We are all greatly indebted to him and to the rest of the staff for all their efforts on our behalf. I am also very grateful to the members of the CFU Council for their support and the time that they have freely given to serve on the Council.
Without doubt though, the two hardest working volunteers over the past year have been the Chairman of the Compensation Steering Committee Charles Taffs and CSC member Harry Orphanides, who have for little or no thanks and in the face of much unjustified criticism, freely given countless hours of their valuable time to the Compensation Process. Without their persistent and tireless efforts there would be no Global Compensation Deed and no ongoing Compensation Process. We are hugely indebted to them and whilst we still have a very long way to go, I firmly believe that it is largely due to their unselfish efforts on our behalf that there is now a window of opportunity open for us as Zimbabweans to deal with the “Land Issue” with wisdom and sensitivity, so that the wound that it has caused in the soul of our Nation can be healed and for the first time ever we can become a truly united nation and rebuild together.
Whilst this may only ever be a dream, as we enter 2021, I together with the CFU Council and staff, the CSC and others who are passionate about seeing Zimbabwe recover, will continue to do my best to reach out and build the relationships that have the potential to enable the dream to become a reality.
To end I would like to wish everyone a hope filled and prosperous 2021.
May God Bless you all.
Andy Pascoe