28 JANUARY 2010
EXECUTIVE NEWS
What a welcome surprise we experienced in Harare yesterday, and last night, with the fairly widespread heavy falls of rain and we pray that the same was received all around the country. The early-season drought experienced in some parts of the country, mainly in the South East and East, has adversely affected most of the crops there, as well as the essential grazing required for both the livestock and wildlife.
Although there was some light rain in the Lowveld areas during the week the high evaporation figures impacted negatively on any advantage. The dryland crops are reported to be beyond recovery even if good rains are now received now. Most crops, apart from sorghum will have to be replanted.
The worrying thing at the moment is the fact that although some reasonable falls were received in some areas at the beginning of the season the runoff has been very little and the evaporation levels have been high. All dam levels are extremely low at the moment, which will cause a severe problem with the winter crop as well as domestic water supplies to the towns unless good rains are received soon.
On the negative side two eviction notices have been delivered to two farmers in the Masvingo Lowveld. However these notices are ineffectual and are viewed as mere intimidation as the due process has not been followed, which can only be done through a competent court.
The Matabeleland farmers who have been given letters from Lands requesting their cooperation to make way for new beneficiaries, who we believe are senior police officers, have taken the matter to court which should be heard today. Unfortunately not much information has been made available on individual incidents in Matabeleland so rumours are rife.
In Chipinge this week 4 farmers appeared before the local magistrate for the delivery of their judgments on their ongoing prosecution under the Gazetted Land (Consequential Provisions) Act. Despite their solid legal arguments used in their defence, they were all pronounced guilty by a local magistrate who sat with two very senior district policemen sitting on either side of him. The judgments were delivered individually and all were fined USD 800 and given 24 hours to vacate their homes and property failing which they would be sentenced to 2 years in jail.
However, for an unknown reason one of the farmers was given a suspended 5 year sentence with the above conditions, which far exceeds the maxim sentence defined in the statutes. The 4th farmer was allowed until the end of February to vacate his property.
What was even more disturbing about the conviction was when the magistrate refused to allow an appeal to be lodged, which would, in effect cause a stay in the eviction until the appeal is finalised. Perhaps this had something to do with the fact that both the magistrate and the prosecutor are accused of being a beneficiary of one of those successful properties which has a number of export crops almost ready for harvesting.
It has been estimated that the evicted farmers (and the country) stand to immediately lose about USD 3 million in export crops from those 4 farms.
The farmers’ legal practitioners made an urgent application for immediate relief bearing in mind the short 24 hour period of eviction and succeeded. High Court HC502/10 was granted at 4.55pm and was faxed to farmers in Chipinge to serve on the magistrate.
It has been alleged that the magistrate refused to acknowledge or respect the order and instructed the police to arrest the farmers should they fail to obey his order. Police were then seen visiting the properties to check, or arrest the farmers should they refuse to vacate their homes.
At this point he arrested and detained Dawie Joubert and charged him with contempt, whilst he was delivering the court documents. He then ordered the arrest and detention of immediate past-President of the CFU Trevor Gifford, on the same charges, although he was not one of the group who were sentenced. This morning, Friday, the Union has sent lawyers to make application for their release as well as the implementation of the High Court order.
Both the controversial judgment and alleged lack of professionalism of the magistrate in Chipinge are a matter of extreme concern at the moment. In addition to this we had a senior judge in the High Court making another extremely controversial judgment on the Gramara case HC5483/09, which was an application for the registration for the registration of the successful Campbell Case at the SADC Tribunal. We must admit that we were initially surprised at the speed of the judgment but were not surprised at the content of the judgment itself.
However, we are shocked in that through his judgment the judge has, in effect, condoned the initial strategy behind the land invasions which was to force thousands of unwilling people to occupy our farms illegally and then use the excuse that in removing them it would cause huge unrest. In effect what he is suggesting in his comments with regard the “public policy” that as long as large groups of people can be brought into the fray they have the ability to condone and therefore legalist the committing of any possible crime. Although this judgment cannot go without being challenged through the court some of his words in the judgment may in fact be used in our favour in other possible cases.
Below is our summary of the judgment:
Summary of the Judgment in Gramara (Pvt) Ltd and another v The Government of Zimbabwe and Others
PATEL, J
Harare, 24 November, 2009 and 26th January 2010
Facts of the Case
This case was an application for the Registration of the SADC Tribunal Judgement in the matter of Mike Campbell (Pvt) Ltd and others versus the Republic of Zimbabwe by 2 out of the 77 applicants in that case. This case found that the rights of white farmers to approach a court for redress and not be discriminated against on the basis of race in Zimbabwe were unreasonably denied by Constitutional amendment number 17 which provides the entire legal basis for the Land Reform Programme. (The SADC treaty, whilst holding that the decisions of the Tribunal are final and binding, prescribes that enforcement and domestication of inter alia, judgments of the Tribunal must take place in accordance with the local laws of the relevant member states. Member states are obliged to ensure that their local laws provide for the domestication of SADC Tribunal decisions.) Zimbabwean common law allows for applications for the registration of international judgments not covered by the Civil Matters (Mutual Assistance) Act [Chapter 8:02].
Questions to be determined by the Court
The Court summarised the questions before it as follows:
1. Whether the SADC Tribunal was endowed with the Jurisdictional Competence to rule over the case before it in the Campbell matter; and
2. Whether the enforcement of the SADC Tribunal decision in that case would be contrary to public policy in Zimbabwe.
Judgment
With regard to the first question, the court held that the SADC Tribunal did have the jurisdictional competence to adjudicate over the Campbell case and further recognized the legitimacy of the SADC Tribunal.
With regard to the second question the application for registration was dismissed. The court held that this was contrary to public policy in Zimbabwe.
Reason for the court’s decision (ratio dacidendi)
Interestingly, the court cited the fact that Zimbabwe as well as other SADC member states had fully participated in the Troika system and the business of this newly constituted organ whose legal basis is the same as that of the Tribunal (namely the Amendment to the SADC Treaty of 2001)
The rationale behind dismissing the application for registration seems to be that foreign judgments could not be recognized if they were contrary to “public policy” and “prior judicial precedent” (referring specifically to a judgment by the Supreme Court in the Campbell case). The court held that it was not good public policy to undermine the authority of the Courts in Zimbabwe.
Addressing the argument that the applicants had a reasonable expectation that the Zimbabwean Government would abide by its international obligations the court held that the beneficiaries of land reform had a reasonable expectation that Government would effectively implement land reform which outweighed the other conflicting expectation.
Away from the courts your Union is continually following any other avenues it can to lobby and educate the fellow citizens of Zimbabwe so they may understand the true position in which we find ourselves and how we can move forward. To this end the below is the latest newsletter from the Business Council of Zimbabwe of which the CFU now holds the Vice Presidency”
“PRESS STATEMENT – 26 JANUARY 2010
CZI HANDS OVER THE PRESIDENCY OF BCZ TO CHAMBER OF MINES OF ZIMBABWE
BCZ held a meeting on 20 January 2010. At the meeting, the rotating Presidency moved from Confederation of Zimbabwe Industries (CZI) to Chamber of Mines for the next six months; following which it will go to the Commercial Farmers Union (CFU). This means that CFU are now the current Vice President of BCZ.
This change is in accordance with the BCZ constitution. The constitution stipulates that the presidency of the BCZ will be held on a six month rotational basis. CZI had held the Presidency of the CZ since its formation. It was during this period that the BCZ constitution was produced. That constitution was signed by all the Presidents of the constituent members of BCZ in July 2009.
BCZ is in the process of setting up its own Secretariat. The intention is for the secretariat within three months. CZI has been acting as the interim secretariat since the formation of the BCZ.
The BCZ would like to thank the outgoing BCZ President, Mr Kumbirayi Katsande for his role as the inaugural President of BCZ.
At the meeting of 20 January 2010, BCZ discussed a number of important matters. The Council expressed concern over a number of issues affecting various economic sectors.
Agriculture
In view of the persistent poor preparation for input supplies and the apparent below normal rainfall, BCZ Council advised the farmer representatives in BCZ to consider private sector initiatives to mange input supply in future.
There are high expectations for a significant improvement for the tobacco crop whose quality appears promising. It seems that, on the domestic market, consumer buying power is very low.
The council expressed surprise and worry at the continued reported farm disturbances. This affects confidence building for both local and foreign investors. It was observed that confidence among farmers; including new farmers remains low. This is unfortunate as investments such as for irrigation are necessary if Zimbabwe is to overcome challenges of an unstable rainfall pattern.
Mining
Indications are that platinum will continue to be the shining star. Gold production is projected to continue to improve. The mining industry as with other sectors continues to suffer from unreliable power supply. Council resolved to request for an urgent meeting with the Minister of Energy and Power Development and ZESA in order to explore efforts to improve power supplies.
ZESA’s performance is fundamental to economic performance of all our economic sectors.
Tourism
The view expressed was that benefits from the Soccer World Cup 2010 tournament have tended to be exaggerated. The tournament is happening in South Africa, and not in Zimbabwe; not one football team has up to now confirmed using Zimbabwe as a training base. Council felt there should be more energy put into attending to the more fundamental issues such as infrastructure, education and agriculture.
The soccer tournament is an event over five weeks only. The best that can be expected is the exposure of the southern Africa to make the international tourism map.
It was observed that the hotel tariffs and airline tickets are for the Soccer World Cup Tournament period are heavily priced above normal rates and this could affect travel costs to and within South Africa.
Employment
The council is arranging meetings with labour leaders aimed at establishing a wage review approach which is in line with the economy’s capacity and prevailing constraints.
Council has noted the need for proactive engagement between employers and labour. This will be pursued vigorously in the coming weeks.
Banking
Banks are still constrained from lending significantly because of low domestic deposit rates. This will continue to have a crippling effect on the economy.
Conclusion
The impression gained was that the economy now requires significant investment across the board for the next phase to increase GDP. It is going to be difficult to grow the economy without major capital injections.
Council also appeals to the political leadership to move with speed to resolve their political differences. Without this progress on the political front, the economy, including social services such as health and education will remain problematic.”
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President Deon Theron and Vice President Louis Fick were invited to South Africa this week to be interviewed on two live television debates and the below is a report from Vice President Fick:
“Thank you for all the emails, the new registrations, the farm reports and the compensation reports that was send to our Embassy. There are still some farmers who need to get their compensation reports into the Embassy and I would like to encourage you to do it rather sooner than later and please copy those emails to me. I have explained it before, the farmer has to get in touch with the SA Embassy as an individual and then fall in with the group, we cannot engage on your behalf if you have never been in touch with the Embassy.
Deon and I went to SA and were on SABC 2 & 180 degrees, and Kyknet. Although it was short, every bit helps our case as we work closely with Afriforum to keep the momentum. Afriforum has been on different TV channels about our court case for the last couple of weeks.
We also met with Willie Spies and can report that they are working very hard on our case. As farmers we have to do our bit as well, our bit is to get those emails in to the SA Embassy; our court case is scheduled for the 23 Feb 2010.
My email address [email protected] for any S.A. Nationals who would like to join or for any information.”
As can be seen from the above your Union continues to lobby where ever they can and to be proactive. Under the current adverse situation huge efforts are being made to move forward on our compensation/restitution proposal and great strides were made this week.
Next week we will be welcoming Mr Ben Gilpin who will be starting to work with the FIT association and a new office is currently being cleared for him to move into. This additional manpower would be used to assist FIT to coordinate their operations to assist farmers, who have been dispossessed, especially the elderly.
We once again remind farmers that we have done a lot of work on the CFU website www.cfuzim.org which we encourage farmers to use as well as give us feedback both on how they view the site and also what they would like to see included. More work will be done on the site over the coming weeks.
With the additional staff we are also endeavouring to update our information records on all our farmers and their current production figures. Although we are well aware of the complaint that the information has been given before all the information needs to be constantly updated and we would really appreciate everyone’s cooperation. A comprehensive database is currently being installed to assist in the improved storage and ease of access to both new and historical data.
A new combined questionnaire is therefore being sent out on email by the Crops and Livestock commodity associations, which you are requested to complete. Please remember to save it separately and to re-attach before returning. Failure to do this would result in a blank document being returned.
Hard copies are available at the Union for those who do not have access to email.
Just a reminder once, again that any information being sent to the Union should also be copied to Mike Clark at [email protected] so that it can get logged into the system.
We have received a few copies of Cathy Buckle’s Innocent Victims, which sold out fast but we are endeavouring to get more copies. See below:
“INNOCENT VICTIMS
Rescuing the stranded animals of Zimbabwe’s farm invasions
Meryl Harrison’s Extraordinary Story
by Catherine Buckle
In December 2002, Meryl Harrison moved a large audience to tears at the BBC Animal Awards Ceremony, having been flown from her native Zimbabwe to receive their Special Award. There she told her tale of the rescue of countless animals caught up in five years of the Zimbabwe land invasions, as farmers and families were forced from their homes to make way for Mugabe’s ‘war veterans’.
Many had to leave their animals behind, and it was Meryl’s mission on behalf of the under-funded ZNSPCA to go into these destroyed farmsteads to rescue countless domestic animals and their wounded livestock.
Nandi, pictured on the book-jacket of this heart-warming account of her animal rescues, is just one of the many ordinary pets she managed to save.
The bravery of Meryl and her small team, as they overcame huge obstacles to find and return these traumatised animals to health and to their loving owners, has earned her world-renown.
But she didn’t do it for any human praise – she did it for the animals, the innocent victims of human folly.”
Please remember that our doors are always open to discuss your problems and suggestions.
Our next Open Farmers’ Meeting will be held at the CFU offices at 3pm on Tuesday 9 February 2010. All are welcome to attend. See you there.
COMMODITY UPDATE
ZIMBABWE CROP PRODUCERS ASSOCIATION (from the desk of Richard Taylor)
Looks like the ITCZ is now over Zimbabwe and most of the country is getting some welcome relief at last.
This rain is probably too late for some farmers who have dry land crops. For others the rains have come just at the right time for pollination and help crops get through to maturity.
Prediction is that this rain is with us for the next week, so enjoy!
Local as at 29 January 2010 US$
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South African Foreign Exchange (SAFEX) as at 29 January 2010
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International Gulf
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Source: South African Grain Information Service (SAGIS)
NATIONAL ASSOCIATION OF DAIRY FARMERS (from the desk of Rob Van Vuuren)
Dr Rachel Stewart is in Mozambique this week and has reported that her visit is going well. More will be reported next week once she has returned. She will be in Gweru next week for routine visits.
Ajs Kirk and Rachel Stewart plan to attend NADF meetings on Tuesday 2nd February 2010 in Bulawayo at 2.00p.m. and in Gweru 3rd February 2010 at 10.00a.m.
They are travelling as a group with Sue, Linda and Farai who will be visiting a few of the Stabex 95 small-scale dairy projects and dairy farmers.
Evictions and disruptions on dairy farms is a major issue considering the efforts by many to re-build the dairy industry in Zimbabwe.
VACCINE PROGRAMME
The NADF is in the process of finalising agreements with NFB Logistics to hire a 3 tonne refrigerated vehicle to assist with the distribution of vaccines around the country. In addition the NADF hopes to have an agreement with Front Line Farming in Bulawayo signed by early February 2010. They will become a distribution centre for the vaccines in Matabeleland. Negotiations are in progress to establish distributors in Masvingo, Mutare and Mvurwi.
At a Livestock Liaison Committee Meeting held on 22nd January 2010 it was agreed that with immediate effect applicants who have their vaccine order approved will have SEVEN (7) days from date of issue of the Vaccine Drawdown Authorisation Form to collect the form from NADF and vaccines from FIVET Animal Health, after which their allocation will be cancelled and a new application form will be required. This is to facilitate Fivet with limited refrigeration space and will get the vaccines moving quickly out to the country so that more drawdown orders can be received from OPB in Pretoria.
In addition, for vaccine orders that require payment, payment MUST be made in FULL before vaccines will be released by FIVET. Failure to pay will result in the entire order being cancelled.
These steps are not unreasonable as delays in collection of vaccines are causing problems with monitoring stock levels and therefore vaccine availability.
CATTLE PRODUCERS ASSOCIATION
WEEKLY CATTLE PRICES
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ACE Trade Report for 28 January 2010
Wholesale prices in selected countries in East Africa are supplied by (RATIN) the Regional Agricultural Trade Intelligence Network. Current prices are indicated below and are valid as at 28 January, 2010.
(N.B. Changes shown are calculated on the basis of today’s prices against those previously recorded, which may not necessarily be the previous days).
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Excerpts from the ZAMACE price report for 28th January 2010.
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The following prices are also made available to us courtesy of SAFEX. 27 January 2010
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Exchange Rates
MWK 18.78 = 1 ZAR Unchanged
MWK 141.6 = 1 US $ Down
ZAR 7.59 = I US$ Unchanged
COMMENTS AND VIEWS
Please let us know your comments and views on items contained within this issue or any other issues of CFU Calling by sending an email to us on [email protected]Disclaimer: This email and files transmitted with it contain confidential and privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please — do not read, disseminate, distribute, copy or take action in reliance on this email and- delete it immediately and arrange for the deletion thereof on your server, and- notify the administrator immediately. Any unauthorised, use duplication or interception of this e-mail or any files transmitted with it is expressly and strictly prohibited. No representation, guarantee or undertaking (expressed or implied) is made or given- As to the confidentiality or security of the e-mail system’ or as to the accuracy of the information in this email and any files transmitted with it is virus-free. No responsibility or liability is accepted for: the proper, complete transmission of the information contained in this email or any files transmitted with it or any delay in its receipt; or rising from or as a result of the use of or reliance on the content of this email or any files transmitted with it. Any views expressed in this email or any files transmitted with it are not necessarily the views of the Commercial Farmers’ Union. Queries regarding this email or any files transmitted with it should be directed to [email protected]. This disclaimer forms part of the content of this e-mail for purposes of section 11 of the Electronic Communications and Transactions Act 2002 (Act No. 25 of 2002).