AGRICULTURAL RECOVERY AND COMPENSATION (ARAC)
ARAC Chairman’s report 15th October 2021
Mr. President, Ladies and Gentlemen members of the ARAC Sub Committee of the CFU and those members connected on “ZOOM”, Good afternoon.
On behalf of our ARAC committee may I welcome you all to our 2021 and 11th ARAC Report back?
This past year has been one that has been difficult to predict in so many ways. The ongoing scourge of the global “COVID” epidemic has not passed Zimbabwe by. Sad to relate, we will all be well aware of the toll it has taken on our constituency. Nor is that toll restricted to those we might feel most at risk. Otherwise healthy people have succumbed, often inexplicably, and as such, a terrible shock to those left behind. To all the families and friends who have lost precious loved ones, may we extend our deepest condolences? Few of us will have been left untouched.
May I call for a few moments silence while we remember so many of our colleagues who contributed so much to Zimbabwe’s Agricultural successes and who have sadly passed away over the past year? Thank You
Ladies and gentlemen
There’s an Old Jewish saying which goes something like this ……….
“If you want to make God laugh …. tell him your plan!!”
This maybe a suitable introduction to the plans and strategies related to the Global Compensation Deed developed last year, and which has been postponed. Varying regulations attempting to restrict the spread of the virus have disrupted much of normal business. In particular Face to Face meetings are replaced by the unfamiliar “Zoom” conferences. These are not particularly satisfactory arrangements, but perhaps the best we can manage in these current restricted times.
A further consequence of the pandemic has been that ARAC has held no Open Farmers Meetings this past year. However, your committee is grateful to the C F U Council for sharing their meetings with the ARAC Committee on four separate occasions. At these meetings the ARAC committee members have had the same Report back and Update from the CSC that Council has. This has had the duel advantage of keeping us informed with exactly the same information and, in addition, reducing the extra time required for our representatives having to repeat their report-backs at separate meetings. I am most grateful to Andy Pascoe, our president, for facilitating these joint meetings and apologise if we monopolised the discussions. At these meetings Andrew Pascoe allowed a full expression of all views. Let there be no doubt about it; all Councillors and ARAC Committee Members were fully briefed and were given the opportunity to ask questions and air their views.
Yet again this most serious of infective disruptions has caused huge anxiety for dispossessed farmers. The inability of GoZ to meet its G C Deed obligations to fund the Compensation deal by March 2021 for payment in July 2021 is deplorable. This has been the cause of much anguish for us all. In the event, an amendment was negotiated with Government which effectively delays the implementation of the deed’s timelines by twelve calendar months, although the Final Payment date remains the same. The amendment acknowledges the reality of the situation. It was not possible to credibly argue that the Government of Zimbabwe (GoZ) had had every opportunity to arrange the funding under these circumstances.
The Joint Resource Mobilisation Committee (JRMC) got off to a grand start immediately after the Global Compensation Deed was signed in late July last year. Significant momentum was built up with a combined understanding, indeed a consensus, on the Way Forward. A road map was established. It was agreed that BIPPAS and Offer Letters would be honoured. This was important because it would show GoZ’s sincerity of intent, honouring and implementing International agreements, indeed also the deed itself, which would give confidence to possible funders.
All former Farmers are naturally anxious to see the completion of the compensation as set out in the GCD, as soon as possible. Fundamental to the whole exercise is GoZ’s ability to acquire the funding to pay the debt they acknowledge is owed to us. Arranging that funding was never going to be “a walk in the park” and so it has proved to be. As with any Funding agency, Terms and Conditions need to be met.
The ball is entirely in the Government’s court.
Earlier this year, while reluctant to grant the additional year to the GCD’s timelines, our Representatives recognised that to some extent the GoZ did have a credible argument to delay/extend the terms of the GCD. Reviewing the extension request, from Government, drew our attention to the slow and difficult advance of the well respected and experienced UK expert financial advisers (New State Partners). The Government of Zimbabwe had engaged these experts to advise and assist them raising the funding. These experts have been developing a credible structured plan for our Government, in order for them to fulfil their obligation to fund the Permanent Improvements on all the farms they have acquired. However, whereas New State Partners have proposed such plans, they are finding it difficult to manoeuvre around the political relationships, to permit Zimbabwe to be put firmly back on the International stage and thus allow for the payment of our compensation to take place.
To assist our Government, our Representatives have engaged, on a “No foal no fee” basis, a separate agreement with an American Company, Arent Fox. Arent Fox is a leading firm of Attorneys in the area of international arbitration and dispute resolution. To this end, Arent Fox spent a week in Zimbabwe in late September. They arrived with a high powered team and have explored the possibility of resolving the negotiation stagnation. They have already presented alternate proposals to Government in order to fund our compensation.
During the First Republic little progress towards compensation was achieved. With the advent of the second Republic and with the encouragement of His Excellency’s often expressed determination to prioritise resolution of the compensation for our former farmers, our Representatives signed the historic GCD, confident in the GoZ’s sincerity. This remains the case despite a few difficulties which should and can be amicably resolved with the “good faith” within the Joint Resource Mobilisation Committee. For instance; as part of the GoZ’s drive for international recognition, BIPPAs should be honoured as International agreements and thus be sacrosanct. This together with the agreement to extend offer letters and 99-year leases to current farmers will go a long way to project GoZ’s sincerity, and in real terms cost very little. Although progress has been slow, be assured this is work in progress.
We would appeal to all our Former Farmers and Government officials to support the GCD. They should not be swayed by those, whose agendas are often hidden and not in the best interests of a middle-income economy being developed in the next 8 years. In particular, to officials within the Ministry of Lands, Agriculture, Fisheries, Water & Rural Resettlement (Min of Ag), we offer “our every assistance” to help improve efficiency. Whether by design or lack of resources, the Ministry’s performance has been poor, particularly in carrying out the wishes of the Executive Presidium, which is so often publicly enunciated. We understand the difficulties of staffing during the Covid lock downs, but communicating, meeting deadlines and adhering to targets must be the order of the day.
May we assure you, our colleagues, that we, your Representatives, are resolutely determined to pursue the funding for the Global Compensation Deed in UNITED STATES DOLLARS, lodged in an account of your choice wherever, as per the agreement in the deed (It is absolutely NOT true that there has been any talk of ZWL or RTGS in our discussions despite what some fake news social media have mischievously put forward).
We pray the fulfilment of the Deed will bring about a satisfactory outcome for all the people of Zimbabwe, Farmers, and the Government.
The key players acting on behalf of farmers are honourable men who have dedicated the last decade or so, to finding a solution, in the best way they can.
No farmer “stole his farm”, in point of fact, the vast majority of farms’ ownerships were transferred after our independence and with the particular approval of the Government of Zimbabwe through the issuance of Certificates of no present interest!!
Interim Relief
I R 1 2019 Is virtually complete. There are just a few loose ends to resolve
I R 2 2020 Has had its issues. Wendy de la Fargue and Shallon Bester have battled manfully to resolve issues but have been stymied by delays in payments between treasury and the Min of Ag. For ValCon it has been a nightmare. ValCon’s perseverance must be applauded. There remain, perhaps a hundred, farmers who are yet to receive the second part of this tranche.
I R 3 2021 Is on the cards but as yet we are to persuade the Stakeholders that this time the payments from the Min of Ag can be embarked upon in an easily audited manner and thus to move forward with I R 3 while a small portion of the I R 2 is still in to be resolved.
While on the topic of Valcon, it is appropriate to commend all who work there on the amazing presentation they made to Arent Fox. Arent Fox commented that it is quite the best presentation they have ever seen in their vast experience of compensation claims. Well done ValCon We are truly grateful for the professional manner in which Tony Purkiss, Shallon Bester, Wendy De la Fargue and their team have managed over the past few years.
However what ValCon cannot do, without your vigorous assistance, is to declare who precisely is to receive the proceeds. When the time comes, and it will, distribution of the funds will only take place after a meticulous audit of the recipients identity be they individuals, Company’s shareholding or Trusts Etc. Title deed holders may have complications and delays if this is not clear to all stakeholders (especially the funders).
THE TIME TO DEAL WITH THESE ISSUES IS NOW. For example, perhaps the title holder is a company that has failed to amend its shareholding (with the Registrar of Companies) and perhaps one or more of the Shareholders is deceased intestate, or sadly subject to family feuds of some kind.” SO PLEASE BE PREPARED
Again, Arent Fox were very impressed that two conflicted parties were able to come together a produce a document such as the G C Deed. They said it was an amazingly good reconciliatory document. They were most impressed that two hitherto divergent groupings could merge. I would particularly wish to express our gratitude to John Reid-Rowland for his expertise and tireless efforts negotiating on our behalf and producing such a well conceived workable deed. It was never going to be easy. We are aware there are some shortcomings but regardless of the tight legal clauses some people would have preferred….
…if there was no will to see it through then it will amount to nothing.
After twenty years, I do not have to remind any of you that, John Laurie has been and still is actively lobbying on our behalf. He is an example to us all, showing all the undiminished tenacity and diplomacy as he has done throughout this period. You, John, may not be directly at the coalface any longer, but you still handle your shovel very effectively. Thank you so much for your dedication, which I am certain is echoed throughout our constituency.
We were sorry to lose Ben Gilpin as director at the end of December. He served us for ten years with loyalty and with great energy in the CFU. Ben has now joined the Farm Family Trust as Deputy Chairman. The success of his son, Peter, in the 2021 Olympics will have been followed by most of us here and will have given you and Sue great pride in the way he presented himself and represented the best of Zimbabweans.
In January of this year, Mike Clark stepped in as Acting Director of CFU. We could not have asked for a better man. It is as though, you Mike, were designed for the task. You have done an amazing job and we all owe you a great debt of gratitude. You are a steady hand on the tiller, unruffled as you help guide the ship through these turbulent waters. Despite very reduced circumstances you and the CFU staff have performed exceptionally. Well done to you all. You deserve far greater support for your work from very many more farmers both on and off farms. Come on Guys……this should not be Freebee.
Taking over at the helm of the CSC, Charlie Taffs a former CFU President, has along with John Laurie served us all for a very long time. Intuitively and persuadably, edging closer to the goal, he has led from the front. Ably assisted by Harry Orphanides, the two have complimented each other. There will be few here today who can appreciate the numerous meetings that they, together with our current president Andy Pascoe, have had to attend. All these meetings cannot be “off the cuff”; they have to be prepared for. They do not just turn up; they spend an infinite time preparing scripts, lobbying, considering strategies, giving updates and report backs, seeking advice and of course everywhere they visit they are asked the question “Where are we now?”. Your patience is immense.
So often formal meetings are called off, or postponed, or stakeholders are late, or they even fail to arrive, or if they do arrive then they are often unprepared. Mostly timelines are not kept and promises remain unfulfilled. Ad hoc meetings are often needed to clarify situations and appointments arranged late into the evenings with little notice. So to our representatives and those working behind the scenes … A very great THANK YOU for all you do for us. You truly have our gratitude.
I must also include our wives in my thanks for their patience and support. They ensure that we are able to return home each day to a place of sanity and tranquillity.
It only remains for me to thank you, our ARAC members and my committee members Andrew Pascoe (our Ex officio Vice Chairman), Byron Dardagan, Harry Orphanides, Robin Wryly-Birch, Rob Beverley, Kerry Kay, John Perrot and Richard Harvey, Adrian Hosack, Richard Taylor, Ian McKersie and Tok Arnold for their time, consistent effort, support and dedication to the cause; all for no financial reward. Thanks are due to Allan York also, he represents the Lowveld on The CSC while Cedric Wilde and Mac Crawford are so far away.
Thank you, Dandara, for the use of your facility and many thanks to Ian McKersie for setting up the “Zoom” for our out of town followers.
Your support is so appreciated as will be your updated subscriptions.
On which topic I would remind our overseas members that their subs can easily forwarded by either WORLD REMIT or MUKURU very easily. Details are easily accessed on the CFU web site or in CFU Calling.
Thank you for your time and for your attention
Patrick
Patrick Ashton Chairman of ARAC 15th October 2021