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ZLHR alarmed at the persistent defiance of court orders at Charleswood Estate
Zimbabwe Lawyers for Human Rights (ZLHR)
April 13, 2004

9 April 2004 events
Zimbabwe Lawyers for Human Rights (ZLHR) has established that on Good Friday, 9 April 2004 at approximately 0400hrs, members of the Zimbabwe National Army and The Zimbabwe Republic Police, Support Unit, invaded and surrounded Charleswood Estate and compound, a farm that belongs to Bennet Brothers Farming Enterprises (Pvt) Ltd, a company in which the Honourable Member of Parliament for Chimanimani Constituency Roy Lesley Bennet has substantial interest.

The invading forces were led by a person identifying himself as Dzapasi while the majority refused to disclose their identities although it is believed that a Major Zimbango of the army and Insp Manyama of the police led the process to subdue the civilian employees who in normal circumstances look up to such forces for protection. They are alleged to have advised that they are acting on the instructions of the Provincial Governor, Manicaland, Retired Major General Michael Nyambuya and his Excellency, the State President, Mr Robert G Mugabe, the only two people from whom they would accept instructions to stop their illegal activities on the farm.

The army and the police thereafter took possession of the keys to the properties on the farm (including the MP’s house and vehicles) and helped themselves to such consumables as fuel that was being used for farming operations on the farm. After assembling the workers, the army allegedly demanded that those that wanted to continue working for Bennet had to pack their bags and leave the farm immediately. Thereafter they recorded the identity details of the workers before ordering the farm management (6 people Bhaudhi, Makaza, Mvura, Chiwaya, Masebe, and Gumbo) to immediately vacate the farm forever. The 6 are currently living as internally displaced persons in a place of safety where ZLHR interviewed them. One of them needed medication, as he is very sick. The soldiers and the police have therefore forcibly stopped farming operations by the Bennet Brothers on Charleswood Estate and ejected management and other workers.

Background
Charleswood Estate is found in Manicaland Province of Zimbabwe and more precisely in the rural Chimanimani. Roy Lesley Bennet is a white farmer who contested the Parliamentary elections in 2000 under the Movement for Democratic Change (MDC) and won the rural constituency, which is predominantly settled by black Zimbabweans. Ever since he won the rural constituency, there have been numerous disruptions on his farm and the Chimanimani constituency in general at the instance of, or with the apparent acquiescence of the state. Widespread organised violence and torture has been reported to human rights organisations. The constituency now has a big number of internally displaced people due to enforced evictions, intimidations, harassment, violence and torture.

The police have in a number of cases within the constituency refused to take cases where the complainants are perceived to be supporters of the opposition political parties. There has been selective application of the law with credible complaints of certain members of the constituency being deprived of their right to the protection of the law. The government media quoted the State President as encouraging forcible occupation of the Hon MP’s farm. Violence involving the state machinery has taken place on the farm resulting in serious injury to the farm workers. A worker was extra judicially executed and killed in February 2004 by the army while houses were razed to the ground. The state controlled media and the police have covered up for the summary execution suggesting that the unarmed deceased civilian was killed while confronting the army violently.

Farm workers have been previously forcibly ejected from the farm only to return after Court orders. There are a number of Court orders that have been issued over the years as the Hon MP tried desperately to seek protection of the law which has continued to be elusive since the principal violator is the state or functionaries of the state operating with the acquiescence of the state. Ordinary members of the constituency who have also been targeted for persecution have also tried to resort to the courts or police for justice to no avail since the police routinely refuse to take complaints from the opposition supporters and also ignore or outright defy court orders that are not favourable to the state. Impunity on the part of state agents and functionaries is therefore the order of the day in Chimanimani and seems to be escalating as Zimbabwe approaches the 2005 Parliamentary elections.

Defied Court Orders specific to Charleswood Estate
The conduct of the state to maintain a permanent intimidating and harassing military presence and to bring in fresh soldiers and police to forcibly occupy and disrupt farming operations at Charleswood estate is in direct violation and defiance of a number of court orders that have been issued in this case. Some of them are as follows:

25 February 2004;
High Court Judge Justice Karwi granted a provisional order which provided that, Bennett Brothers Farming Enterprises (Pvt) Ltd ("Bennett Brothers") is given leave to remain and carry on its business on Charleswood Estate; the state or its functionaries were interdicted from interfering in any way with the farming and business operations of Bennett Brothers on Charleswood Estate; the state functionaries or other persons occupying the farm at the instance of the state were ordered to immediately vacate the farm. This order was served on the state but the state has chosen to defy and disregard the court order.

18 November 2003;
The Magistrate court at Mutare, Manicaland issued a provisional order against functionaries of the state led by Sergeant Nasho and the Agricultural Rural Development Authority (ARDA) to the following effect; that the state functionaries were interdicted from setting foot or entering upon Charleswood Estate; that the state functionaries were interdicted from harassing or assaulting the employees of Charleswood Estate; that the state functionaries were to vacate Charleswood Estate forthwith failing which the messenger of court and the police were directed to eject them; the state functionaries were further ordered to vacate and restore the offices of Charleswood Estate to Bennett Brothers. This order has also been defied and ignored by the state.

8 April 2003;
High Court Judge, Justice Karwi granted an order by consent which provided that, the state and its functionaries be interdicted from threatening, abusing, intimidating, harassing assaulting or communicating with the directors, employees and their family members of companies belonging to the Honourable MP Roy Bennet, operating at Charleswood Estate; and that the employees of Charleswood Estate and their families were permitted and directed to return forthwith to their homes on, and continue working for Charleswood Estate. This order has also been ignored.

May 2002;
The High Court Harare issued a provisional order that is still standing that barred the state from acquiring Charleswood Estate. Needless to say that such order has also been ignored and completely defied by the state.

ZLHR’s concern at Defiance of Court Orders
ZLHR is seriously perturbed by the wanton disregard of court orders by the state in this matter. The treatment that Hon MP Roy Lesley Bennet is being subjected to is wholly unwarranted in a democracy and plural society. He and his constituency need not be punished for holding views that differ from those of the ruling party. The implication of the Provincial Governor and the State President in the illegalities and defiance of Court orders by the soldier identifying himself as Dzapasi must be taken seriously by the authorities since it places these very senior government officials directly in charge of illegal activities and the potentially predictable serious consequences flowing there from. They are therefore encouraged to firmly dissociate themselves from the illegal conduct of Dzapasi and the rest of the soldiers and police occupying Charleswood Estate. 

Unfortunately the courts can only go so far in asserting the rights of individuals. Once they make a pronouncement as to the correct legal position, the responsibility to enforce the law immediately shifts to the Executive organ of the state, it being the one that is in charge of the state machinery. In enforcing court orders, the Executive complies with its responsibility to ensure that citizens enjoy the right to the protection of the law which right is provided for in our constitution and other international instruments that the government has acceded to or signed and ratified. A culture of defiance of court orders severely undermines the judiciary and the justice delivery system and entrenches a culture of impunity and lawlessness. ZLHR believes that there is a strong relationship between rampant corruption, the collapse of the economy and its failure to recover on one hand, and lawlessness and the absence of the rule of law on the other. 

It is therefore hoped that the Provincial Governor, Manicaland and the State President will show their commitment to the rule of law and separation of powers by complying with every court order even if not favourable to the state. The soldiers, the police and other functionaries who have been unlawfully deployed at Charleswood Estate in defiance of Court orders and to harass and intimidate the electorate must therefore be removed forthwith so as to restore the rule of law.

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