Farmers take Biti, Chihuri to Supreme Court
by Irene Madongo
04 October 2010
Commercial farmers want the Supreme Court to look into their claims of being
racially victimised by the government in the on-going illegal farm
evictions. They are also demanding compensation for the violent acquisition
of equipment and materials.
Last Thursday the Commercial Farmers Union (CFU) made the application to the
Court following the continued intimidation of the country’s remaining white
farmers and illegal farm seizures. The farmers claim that their
constitutional rights are not being protected and the attacks are racially
motivated. Among those government officials named as lawfully failing the
farmers is Finance Minister Tendai Biti, who has not allocated money for
compensation for farm improvements to farmers evicted from the land.
Other respondents include Justice Minister Patrick Chinamasa, Police
Commissioner Augustine Chihuri and Lands Minister Herbert Murewa, all three
are from Mugabe’s ZANU-PF Party.
Hendrik Olivier, the Chief Executive Officer of the CFU, said on Monday:
“Every single farmer that is being evicted currently is a white person. This
is a motive against white farmers for an imbalance that was created in the
colonial past which we disagree about,” Olivier said, “About 80% of white
farmers in this country purchased their land after independence in 1980 and
therefore had to have a certificate of no-present-interest which the
government then gave to the farmer saying ‘I’m not interested in purchasing
your farm at this stage and you may go-ahead.'”
The farmers want the Supreme Court to suspend any more farm evictions. In
2008 the Southern African Development (SADC) Tribunal ruled that the
government’s land reform programme is discriminatory and illegal under the
SADC Treaty to which Zimbabwe is a signatory. Despite this, the Zimbabwean
government has ignored the ruling, and officials with connections to ZANU PF
have continued to persecute white farmers they say are refusing to vacate
land ‘acquired’ by the government for what they claim is redistribution to
landless blacks.
Olivier said: “We know that they don’t recognise the SADC Tribunal and we
have taken similar cases to the Tribunal, and the Tribunal has ruled
accordingly, but we have many other farmers in this country who are
experiencing enormous difficulties currently and that’s why we’ve gone this
route to the Supreme Court in this country.”
But it is not just Zimbabwean farmers being targeted. There have also been
attacks on some foreign farmers in Zimbabwe who are meant to be protected by
bilateral investment protection agreements signed between Zimbabwe and other
countries. But the Zimbabwean government has also ignored these agreements.
“This latest application is also for those Zimbabwean farmers who have got
no foreign nationality, who are not part of the SADC Tribunal, giving them
an opportunity now to also see if they can get relief,” Olivier said.