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Urgent communiqué to all commercial farmers and agricultural title Holders
Justice for Agriculture (JAG) Zimbabwe
July 15, 2005

The JUSTICE FOR AGRICULTURE TRUST is concerned by recent press reports and the resultant false perceptions emanating from them, at rural and urban grass roots levels, that farmers are being invited to return to their farms, and are infact taking up such offers. Nothing could be further from the truth.

The JAG TEAM have followed up on numerous rumours of this occurring in various commercial farming areas and can find no evidence whatsoever to substantiate such a move, in good faith and formally by the authorities. However, what has emerged is, unofficial, disjointed approaches being made, non transparently, by individuals, not prepared to officially identify themselves. These could be opportunists trying to jump on a non-existent band wagon or, as seems more likely, undercover operatives testing the commercial farmer waters and thereby fuelling the propaganda.

Against a background of continuing and intensifying pressure on those few farmers still in-site to "get off", coupled to the fact of actual evictions occurring almost daily, it is absurd to give any credence or mileage to the propaganda relating to farmers returning to their farms. Farmers are cautioned to see this for what it is, yet another propaganda ruse.

It has however, come to the JAG TRUST'S attention that some in-situ farmers have, unwittingly, accepted the GOZ offer of 99 year lease in exchange for their free-hold title deeds, in a desperate attempt to stay on farm producing. The JAG TRUST strongly advises against this move. One would in effect be exchanging something of substantive legal substance, protected by the laws and constitution of Zimbabwe and with International acceptance and recognition for something of "straw" brokered non-transparently with a regime of very dubious legitimacy and a sound track record of acting in bad faith.

It is indisputable fact that there is absolutely no legal support for 99 year leases in either the Zimbabwe Constitution or the laws of Zimbabwe and it is in fact, unlawful to enter into a contractual lease agreement extending beyond 10 years in Zimbabwe. This is substantiated in that those farmers who have gone down this road, having relinquished their title, have had to accept short term, five to ten year, leases; not 99 year leases as promised.

The JAG TRUST would like to remind all commercial farmers and title holders of what transpired with similar agreements relating to the ceding and downsizing of farms under the GOZ's LA3 initiative. Nearly a thousand farmers embarked, in good faith, on this initiative, which was provided for in law in the LAND ACQUISITION ACT under sections 6a and 6b. The JAG TRUST is reliably informed that nearly 180 farmers handed over original title deeds, in good faith, under this scheme and many more farmers might have also totally compromised their legal position and their title, by surrendering various forms of copy of their title deeds. Hundreds of co-existence farmers had their downsize and ceding agreements formalised and recorded in the administrative courts of Zimbabwe. Yet, the Goz, two years after the launch of this initiative, simply reneged in law on all these agreements by repealing sections 6a and 6b of the Act in amendment No
1 of 2004.

This callous move effectively rendered all these downsize and ceding of land agreements null and void in law, and of no force nor effect. Even those formalised in the admin courts. This left most of these farmers hugely exposed, having gone way beyond the 90 days of their section 8 orders and in effect illegally occupying their farms, at the mercy of the authorities and with "dirty hands" when it came to reverting to the courts.

More recently, one of these downsized, co-existence and exposed commercial farmers who had been "lawfully" evicted some months ago, was offered the opportunity of returning to his farm only if he was prepared to surrender his remaining title deed in favour of 99 year lease. He had in fact made the approach himself, to find that this was what was being offered. Having accepted the terms, surrendered his title deed (original), and signed a short term lease (promised 99 year lease would follow) he was assured that the farm would be evacuated of settlers and the incumbent A2 farmer evicted and given another property. The commercial farmer magnanimously gave the A2 settler time to vacate. During that short period the authorities totally reversed their position and reneged on the whole agreement. The commercial farmer has taken the matter on appeal to the highest political levels, to no avail. He assures us that by week-end he will be prepared to go public on his demise.

The JAG TRUST, mindful of the present sad scenario and with due consideration to the disastrous history of this so called "Land Reform Program" and the illegalities and human right abuse perpetrated therein, remain emphatic that no farmers should return to their farms until the following terms and conditions are met :

(i) A return to the rule of law country wide but especially in commercial farming areas, and a restoration of the Independence of the Judiciary and a repealing of all unjust laws.

(ii) Respect for and protection of Property Rights as enshrined in the present Constitution with International Guarantees put in place, until a new Constitution is enacted.

(iii) and; Farmers are comprehensively compensated / restituted under International Law governing compulsory expropriation of land, improvements and moveable assets and the extensive damages claims, arising through not having been timeously and equitably compensated, have been settled.

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