Arrested farmers remain behind bars
http://www.swradioafrica.com
By Alex Bell
29 January 2010
Two farmers, who were arrested over an ongoing land battle in Chipinge, are set to remain behind bars until Saturday, when they will appear in court in Mutare.
The pair was transferred to Mutare Prison on Friday after spending a night behind bars in Chipinge. Their arrest on Thursday was in connection with the conviction earlier this week of four other Chipinge farmers for refusing to vacate ‘state’ land. Algernon Taffs, Mr Z.F Joubert, Mike Odendaal and Mike Jahme were all ordered to leave their properties this week after being convicted of refusing to vacate their land. Joubert’s son, Dawie, and former
Commercial Farmers Union (CFU) President Trevor Gifford were then arrested on Thursday after trying to intervene to stop the farmers’ evictions. The pair are both facing dubious ‘contempt of court’ charges.
Magistrate Samuel Zuze on Tuesday found the four farmers guilty of refusing to leave their properties, charges brought against them under the Gazetted Land (Consequential Provisions) Act. These same charges have been laid against more than 150 of the country’s remaining commercial farmers who have tried to hang on to their properties. In separate judgements on Tuesday, the Magistrate sentenced the four farmers to pay US$800 fines and vacate their properties. Only Mike Odendaal from Hillcrest farm was given more than 24 hours to pack up his belongings, while the others were all supposed to be off their land by Wednesday evening.
A last minute stay of eviction was granted by the High Court on Wednesday after an urgent application was filed by the farmers’ legal representatives shortly after their sentencing. The High Court ruled that they could remain on their properties until the appeal against their conviction and sentences were concluded. But Magistrate Zuze on Thursday refused to recognise the High Court order and is being accused of ‘grossly exceeding his jurisdiction.’ Joubert and Gifford had tried to deliver a letter to Zuze clarifying the High Court’s position, but the Magistrate instead responded by ordering their arrest.