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Justice
for Agriculture viewpoint on '99-year leases'
Justice
for Agriculture (JAG) Zimbabwe
December 01, 2006
1. The acquisition
of the vast majority of these properties is still subject to legal
dispute, in terms of the lack of legal procedure followed, the human
rights abuses perpetrated and the criminality involved.
2. The State-inspired
and sponsored breakdown of the rule of law and the resultant abject
disregard for property rights in commercial farming areas has paved
the way and allowed for, what has amounted to, wholesale theft of
farms, the improvements thereon and in most cases, movable assets
in the form of equipment, livestock and even crops, that are not
covered under the Land
Acquisition Act.
3. The fact
that, at this time, no farmers have been compensated, either timeously
or equitably, for the improvements on their properties by the State
- coupled to the fact that, at some time, the historical dispute
over 'tenure of the land' will have to be resolved.
4. As a result
of all the above and even under Zimbabwean law, substantial damages
arise, which, at this point in time - six years on from the commencement
of the illegal evictions of commercial farmers and workers - by
far exceed the value of the land and improvements thereon.
The JAG Trust
stands firm on our principles and will continue to focus and adhere
to the following: -
a) There can
be no meaningful future development on any illegally acquired agricultural
land, whilst the acquisition of that land and the improvements thereon
remains in dispute; where human rights violations and criminality
issues exist; and especially, given that no timeous nor equitable
compensation, or damages, have been paid - either to the property
owners or to the displaced and severely affected farm workers.
b) No subsequent
or replacement tenure system can (given the above facts) - by any
stretch of the imagination - be put in place, fulfilling the required
fundamentals of a tenure system; bankability in a free-market environment
to enable the raising of essential short-term and long-term capital;
or transferability in a free-market environment.
The JAG Trust
firmly believes that the people of Zimbabwe will only achieve true
freedom and empowerment through individual ownership of land, especially
agricultural land. Not through State ownership.
Visit the JAG
Zimbabwe fact
sheet
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