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Land
eviction challenges test case stalled
Zhean Gwaze,
The Financial Gazette (Zimbabwe)
October
19, 2006
http://www.fingaz.co.zw/story.aspx?stid=1771
A COURT case
to test the legality of the government’s bid to prosecute white
farmers for defying orders to vacate their properties failed to
take off this week after a Karoi magistrate declined to hear the
matter, saying a similar challenge was pending in the High Court.
Karoi magistrate
Archibald Dingani struck the case, involving Daniel Nel and Gert
Terblanche, off the roll, saying the lower court had no jurisdiction
to handle the matter, as it was before the High court.
The two farmers,
had been arraigned for defying government eviction orders.
Government served
the white farmers with Section 8 orders to vacate their farms and
make way for black farmers under the controversial land redistribution
programme.
According to
the Commercial Farmers’ Union (CFU), which represents mainly the
interests of Zimbabwe’s white commercial farmers, the eviction orders
were subject to a pending legal challenge in the High Court.
Only about 600
out of an estimated 4 000 white commercial farmers remain in Zimbabwe
after the implementation of the government’s land reform programme,
under which it allocated blacks large tracts of land in a bid to
correct racial imbalances in land ownership.
"According
to our database, 40 white farmers were served with eviction orders
but not all of them that get the eviction orders report back to
us," a CFU official said.
Harare lawyer
David Drury of Gollop and Blank, who is representing the farmers,
could not be reached for comment.
One of the affected
farmers, Nel, a South African, said as a foreign investor, his investment
should be protected.
"I entered
the country in 1994 as an investor through ZANU PF, which is still
the government of the day and I urge the government to protect me
as I am not party to any politics," Nel said.
State Security,
Lands and Land Reform Minister Didymus Mutasa said he had not yet
heard about the judgment. "When the consequential
(Gazetted Land) Bill becomes law, anybody with no permission
to farm will be prosecuted."
The essence
of the Gazetted Land Bill is that all those occupying state land,
in other words, all land that came under a Section 5 notice before
September 14 2005, or all land which was subsequently compulsorily
acquired by the government, notification of which will have been
published, are deemed to be occupying such land illegally unless
they are in possession of either an official offer letter, a permit
or a lease.
Those without
such permission, who had previously received a Section 5 notice,
shall cease to occupy, hold or use that land forty-five days after
the fixed date of the passing of the law.
Failure to comply
in either case will attract criminal charges punishable by a fine
and or a custodial sentence of up to two years.
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