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JAG statement on land reform programme
Justice for Agriculture (JAG) Zimbabwe
May 10, 2006

Considerable speculation has been voiced over the recent statements purportedly made by the CFU and reported in the Sunday Mail concerning the U-turn made by the CFU and its change in attitude to the Government's so called Land Reform programme and a purported policy U-turn also made by the Government.

JAG wishes to remind all farmers of the JAG Vision Statement " Justice for all in Zimbabwe." That envisages and enshrines the following:

1. Returning Zimbabwe to food self-sufficiency.
2. Servicing the needs of our members for compensation/restitution and damages issues.
3. Striving for Accountability, Integrity and Transparency.
4. Promoting National Unity in Zimbabwe's Agricultural sector.
5. Resurrecting Zimbabwe's Agricultural Industries.

We, as citizens of Zimbabwe, aim to achieve full Compensation and Restitution for all sectors of Zimbabwe's Agricultural Community through:

1. A non-selective application of Justice for all.
2. The complete restoration of the Rule of Law in Zimbabwe.
3. The universal respect for Property Rights and Human Rights.
4. Planning for the future legal recovery of Productive Agriculture in Zimbabwe.

There are over 4200 farmers illegally evicted from their farms at this time, many of whom have left Zimbabwe dispossessed and destitute. Many can no longer even afford to be members of the CFU. The CFU's purported and unrefuted statement in the paper therefore can only speak on behalf of the few and rapidly decreasing numbers of farmers left on the land and is certainly not representative in any way of the sentiments and best interests of the majority of Farmers and Farm Workers who have lost everything over the past five years.

JAG notes, with grave concern, arising out of the fact that no compensation has been paid, that no mention was made about the compensation, restitution and damages issues that Government was to pay to farmers and workers upon acquisition. Government, through its Constitutional changes, has separated Land Issues and tenure from farm fixed improvements.

The CFU always supported a transparent and properly managed Land Reform Program, as envisioned by the 1998 Donors Conference and witnessed by the ZJRI initiative. For CFU now to state that it fully supports the illegal mayhem is difficult to understand.

JAG is not a rabid anti-government organization. It is the Government policies regarding the land acquisition and how they have been implemented and the failure by Government to pay fair compensation to farmers and their workers and Government's attitude to damages claims ensuing as required by Zimbabwean and International law to which JAG is strongly opposed.

Since the reported meeting between the CFU Presidential Group and Government Ministers, some four weeks ago, in excess of 20 farmers and their workers have been forcibly and illegally evicted from their farms in spite of assurances given by the Minister. How can the CFU reconcile this action with the promises made to it and still proclaim that farmers should be encouraged to stay on, or return to, their farms?

JAG considers that a premature return to one's farm prior to a conducive, lawful environment being established would be foolish in the extreme. Not only would the farmer be colluding in a badly flawed legal process but also he or she would be eliminating any possibility of future compensation and damages claims.

JAG wishes to strongly caution any person considering signing a lease purportedly giving him/her the right to occupy land over which another person or company holds legal title. This exposes the new tenant to litigation by the legal owner. Until the titleholder has received adequate compensation for improvements on the land and damages paid, the lessee cannot legally occupy the farm and use the improvements thereon.

No proper lease conditions have been legislated for, nor can that be done, until the issue of original tenure is settled.

The Justice for Agriculture Trust adheres strongly to its vision statement. "Justice for all in Zimbabwe" and advocates for the Zimbabwe Citizen's right to individual ownership of land and property in Zimbabwe, especially agricultural land. There can be no justice without reparation for what has been perpetrated. The Trust believes that true freedom and empowerment of the people of Zimbabwe will only come about through individual and not State ownership of the agricultural land.

It is well known that the judges of the Supreme Court and the High Court of Zimbabwe, with a few exceptions, have farms that have been taken from white commercial farmers. They do not have title deeds, and so there is no security of tenure. If one of them gives a judgment, which is not acceptable to the Government, then his or her offer letter can easily be revoked. That being the case, there can be no justice on land-related issues until such time as there is legislation in force, which protects the rights of the property owner.

Visit the JAG Zimbabwe fact sheet

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