Hell for migrant farm workers
By Legal Monitor
Tuesday, 31 January 2012 11:27
HARARE – Farm workers, most of them migrant labourers, left destitute by the
chaotic land reform programme are having their “inhuman and degrading
treatment” under the spot-light again.
Mozambican descendent Binias Yolamu came to Zimbabwe as a young 24-year-old
in 1964 and has been a farm labourer since.
Three decades after the end of colonialism, Yolamu is battling to keep head
above water and has had to approach the courts to intervene after being
chased off the place he had called home for ages.
With nowhere else to go, having established his roots in Zimbabwe, a now
elderly Yolamu is pinning hopes on the Supreme Court to end his misery.
Yolamu has made an application for referral of his matter together with 84
other families to the Supreme Court challenging the constitutionality of
some parts of the Gazetted Land (Consequential Provisions) Act, which he
says have reduced him and other farm workers in his situation to “inhuman
and degrading treatment.”
“The land reform process is a form of affirmative action meant to advance
black economic empowerment,” his lawyers argue in court papers.
“It (land reform) was not envisaged to be a chief driver of leading poor
farm workers into destitution by driving them off the farms from where they
are employed without any form of recognition or terminal benefits to enable
them to start a new life after investing their whole lives to working on
land that was subsequently gazetted.
“That, in our respectful view is not empowerment but forced destitution
which could never have had been the intention of the legislature,” the
lawyers argued in an affidavit deposed with the Magistrates Court last week.
Yolamu came to Zimbabwe from Mozambique as a migrant worker in 1964 and is
among workers from Mgutu Farm in Mazowe facing charges of contravening
Section 3 (2) (a) as read with Section 3 (3) of the Gazetted Land
(Consequential Provisions) Act, (Chapter 20:28) “Occupation of Gazetted Land
without Lawful Authority.”
This follows a complaint by a new farmer Kingstone Dutiro, who wants the
employees of former farm owner Archie Black to leave Mgutu Farm.
The State, led by Edmore Makoto, is now prosecuting the 85 workers.
The workers accuse the State of failing to protect them as enshrined in the
Constitution of Zimbabwe.
Yolamu and his co-accused persons say they have nowhere else to go as they
cannot trace their roots to Malawi or Mozambique where they are originally
from.
Yolamu has been at the farm for 48 years as a worker.
“Neither Section 16, 16A, 16B of the Constitution of Zimbabwe, nor the
Gazetted Lands (Consequential Provisions), Act (Chapter 20:28), contain such
a provision terminating my contract of employment by mere virtue of the farm
being gazetted,” Yolamu argues.
“Being prosecuted in this matter for residing at a farm where I have been
accommodated as a consequence of my employment thereat is an act of
constructive dismissal which I must be protected against at law.”
Yolamu – through lawyers — Lewis Uriri, Jeremiah Bamu and Kennedy Masiye,
argues that the land reform was meant to address colonial land imbalances
and not infringe on labour rights.
“These laws (Sections 16, 16A and 16B of the Constitution and the Gazetted
Lands (Consequential Provisions) Act, [chapter 20:28]), deal with ownership
of land which is the subject of a farming enterprise. It does not deal with
the individual relationships such as employment within the farming
enterprise itself. To this end, these laws do not and must never be
construed as interfering in any way with our labour rights,” says Yolamu.
The group of former farm workers says since the departure of Black they
“have lived in extreme and abject poverty that has been forced on us.”
The 72-year-old said: “These plot holders have made use of our services on
various occasions and have failed to remunerate us for these services. This
in our view could be the reason why they are now orchestrating for our
prosecution in this matter. We submit that this is an abuse of court process
for an employer to seek the prosecution of its employees simply because it
is failing to pay such employees for services rendered.”
Harare Magistrate Lazarus Murendo is expected to hear the State’s opposition
to the application for referral filed by the former farm workers.
Prosecutor Makoto told the court that he would be opposing the application
when the case resumes on Friday.
Last week, Magistrate Murendo requested the public gallery to be emptied to
accommodate some of the 85 accused persons while the application was being
made.
“It would be unfair for the accused, some of them being elderly and mothers
with babies to be standing in court,” he said while appealing to court
attendees to allow the accused persons to utilise the public gallery seats.
The 85 workers say they have not been paid since Black left.