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Police farm invasion challenged in court
Kholwani Nyathi, The Standard (Zimbabwe)
April 01, 2007

http://www.thestandard.co.zw/viewinfo.cfm?linkid=11&id=6184&siteid=1

BULAWAYO — Senior police officers last week invaded one of the few remaining white-owned farms in Matabeleland North, court documents seen by The Standard reveal.

According to an urgent High Court application seeking the eviction of the officers now occupying Portwe Estates in Bubi District, 27 police officers in a convoy of 16 vehicles on Monday descended on the farm and forcibly took the keys to all the buildings, and erected tents in which they are now staying.

The owners of the property, which includes a safari company, J Joubert and Son (Pvt) Ltd were told the farm was now a "police state farm".

"On 26 March at about 13:30 hrs the police arrived with 16 vehicles and 27 personnel," said Lovemore Muzeza, the farm manager in his founding affidavit. "They were led by the second respondent (a senior assistant commissioner Chivandire) although most of the officers were ranking from Assistant Inspectors. Some arrived in their own vehicles and other vehicles had only two or three policemen inside."

The Commissioner of police, Augustine Chihuri is the first respondent while the Minister of Home Affairs, Kembo Mohadi, is the third.

Muzeza said the officers immediately identified a place where "they would hold their Christmas party" and resolved to thatch some buildings "so that we are seen to be doing some-thing".

Joubert and Son, through their lawyers Web Low & Barry, said the invasion of the property by the police had brought operations at the farm to a standstill and affected safari operations, as tourists were being intimidated by the heavy police presence.

Police had unlawfully gained control of the property after they took over the keys and started forcing farm workers to work for them.

"I appreciate that there may be lawful reasons for the presence of the police on the property to investigate offences but I see no reason for them to be there 24 hours a day, seven days a week," Muzeza said.

"It will undoubtedly have an intimidating effect on tourists who come there for peace and quiet and fishing."

The farm owners also want the police officers interdicted from harassing company officials and employees at the farm, and the keys they confiscated returned. They also want 15 hunting rifles seized by the police during an earlier raid returned.

The farm was designated in terms of the Land Acquisition Act but the final determination on the constitutionality of the matter is still to be made by the Supreme Court.

The harassment of the farm owners dates back to 2001, when Pascal Joubert was left for dead by war veterans who tried to force him out.

Several raids by armed police have also been carried out at the property. Last year, the government said it would give white and black commercial farmers up to the end of the harvesting season to vacate properties acquired under the land reform programme.

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