Posted on 08/16/2002 3:02:15 AM PDT by Clive
Two wrongs do not make a right JUSTICE for Agriculture (JAG) recognise that over 60% of farmers under notice of acquisition have remained on their farms and in their homes along with their staff and families - making up over one and a half million people.
Farmers are not defying Government but rather the orders, which they believe to be illegal, and therefore intend to continue to fight the acquisition of their farms and title through the Courts. This is not confrontational. It is regrettable that the opportunity to restore the rule of law and establish proper planning and sustainability to the inevitable process of land reform, has not yet been addressed and this is endangering the lives and livelihood millions of Zimbabweans.
The official agrarian reform programme has been altered in terms of the implementation of the legal process and in terms of the awarding of farms. Limitless power has been put in the hands of local government officials, who decide what land will be acquired and allocate it without due regard to legal instruments or production.
The 10-year programme was to leave single fully utilised farms and an economic core of 6 million hectares. Instead almost all independently owned land has been listed, and most of it compulsorily acquired, without assessing or budgeting for any compensation.
Many Zimbabweans will die from starvation, the AIDS pandemic and the rest will be impoverished by unsound economic programmes. The time has come for them to put 'principle and production' above 'political patronage'. If we are to share the land we must do so lawfully and without ignoring food security.
Another aspect is that of Title. It is as important for new settlers to have clear title and adequate resources as it is for the existing farmers to be treated fairly, humanely and in accordance with the law. This was not addressed.
A plethora of legal cases have already been brought before Zimbabweans Courts, and some judgements have already been made nullifying compulsory notices of acquisition. Examples of cases already won are the Simon and Kockott cases. In some instances the Attorney General has advised that the Ministry of Lands and Agriculture have conceded that Section 8 notices have been irregularly issued and have withdrawn acquisition.
President Robert Mugabe today reconfirmed that the deadline for farmer's eviction would go ahead; the formation of JAG is therefore timeous in terms of leading legal challenges. The President also acknowledged that the government would abide by acquisition processes and we would like to take him at his word and request the immediate delisting of 1024 single owned farms.
We take heart that the President acknowledges the existence of loyal farmers, amongst these are the 70% who bought their land after independence in 1980 and have invested heavily in their farming operations. These are the people who along with their loyal workforce have nowhere to go and vow to stay put.
The JAG leadership are also advising farmers to complete comprehensive affidavits and an inventory of assets and once this paperwork is complete, legal counsel will be briefed to sue for losses using every redress the law allows. The respondents in this action can only be determined once all the paperwork is in place but it is expected that the settlers, war veterans and politicians will be key respondents as in most cases they have orchestrated the trashing, looting and theft of assets on the ground under the guise of land reform. Legal advice is that we first take this matter to a Zimbabwean Court and if we do not get a fair judgement, we take it up internationally.
JAG is a group of concerned Zimbabweans with a mission to secure justice, peace and freedom for and in the agricultural sector. Its contribution to the Zimbabwean economy is presently under attack, which has led to the displacement of expertise, causing poverty and starvation.
JAG is concerned with the interests of commercial farm owners, farm workers, as well as the agricultural ancillary industries and their employees, and all those having any interest in the land. Its mission at present is to safeguard and support people directly affected, in whatever way possible, and to document and expose the injustices and human rights abuses being perpetrated against them. These rights are enshrined within the Universal Declaration of Human Rights as adopted by Zimbabwe, a member of the United Nations.
Made up of committed Zimbabweans, JAG remains determined to find a lasting and just solution to the crisis currently facing the agricultural sector, in accordance with the freely expressed wishes of the people. We therefore call on all affected Zimbabweans in a bid to represent as wide a spectrum of interests as possible.
The next few weeks will be a crucial time for Zimbabwean farming families. Until that time JAG has resolved to explore every legal avenue to expose the iniquities of the accelerated "fast track" programme.
Justice for Agriculture overview:
JAG believes in justice for agriculture in Zimbabwe and the unbiased non-racist application of just and constitutional laws in accordance with locally and internationally recognised standards. · JAG will expose and make accountable all persons actively destroying essential agricultural under the guise of land reform. To achieve this, JAG will encourage the taking up of legal proceedings that argue against violations of the Zimbabwean constitution and laws. JAG believes that a rational, orderly and legal process of agrarian reform is needed for food sufficiency and long-term prosperity, not only in Zimbabwe but also in Africa as a whole.
JAG will work to keep agricultural skills on the land and in the country, and to find innovative ways to increase production whilst working towards recovery of the sector.
JAG believes it is essential that good farming practice be widely taught and that successful farmers share their knowledge and expertise with others who wish to become productive farmers.
JAG believes land is a precious and finite national resource and that it is essential that it be used productively.
The Zimbabwean constitution expressly forbids discrimination on grounds of race, religious affiliation or gender. JAG believes the laws and decrees that are discriminatory are unconstitutional and should be challenged. JAG supports a duly elected and democratic government whilst refuses to be transformed into political apologists.
JAG recognises the resolutions of the International Donors' conference on Land Reform and Resettlement held in Harare on 9th September 1998 and also the Abuja Accord signed on 6th September 2001.
No one has disputed the need for land reforms. No government accountable to Zimbabwe's people will be ever able to avoid dealing with it. But there is no legitimate excuse for the violent lawlessness and injustices now, and no legitimate reason for reckless haste or a lack of transparency.
Farming versus starvation
Whilst this ban on planting, producing and marketing of food occurs, Mr. Mugabe, his cabinet ministers and aid organisation are lobbying the international community for food aid to feed over six million Zimbabweans who are already starving.
2002 commercial crop planting projections were:
Wheat:
24,692 hectares are already in the ground and will be harvested Sept/Oct. Its value in terms of dollars and cents is Z$6 billion. But its value as a scarce food commodity is priceless in the current stock out position. Cereal production at 670,000 tonnes has dropped 57 per cent compared to last year and 67 per cent compared to 1999-2000. Cereal import needs, including maize, is up to 1.8 billion tonnes.
Tobacco:
Over 170 million kgs of tobacco is produced and waiting grading on the farms. US$35,5 million worth of tobacco has already been sold and the Section 8 Orders have cast doubt over the fate of the US$330 million crop still in grading sheds on the farms. Government has made it clear that it has funds only for some inputs for this coming season's food crop, with nothing for tobacco and other essential export crops which provide the foreign currency needed for fuel, chemicals, medicines etc. It has not been able to secure any significant funding for these.
Maize (2002/2003):
41,067 hectares will translate to 226,000 tonnes: three months supply for the staple diet of Zimbabwe. The value of the crop is Z$9,4 billion. Last season 50% of the maize crop was stolen with no police action taken against the perpetrators. This severely eroded confidence for the commercial sector and compromised viability. Maize production at 480,000 tonnes is estimated to be 67 per cent less than last year and 77 per cent less than 1999-2000.
Unless significant delisting is done and the law altered to something more practical, it is impossible at this time to confirm how these estimates will translate into yields as some of the farmers who expressed intentions may yet come under Section 8 notification and will have to leave before the planting/ harvesting. All listed farms can be acquired without a hearing and the crop seized after only 45 days. The few farms, which have not been listed, have only 75 days protection ensuring that the current legal framework is inimical to any land preparations or crop planting. It is difficult for any farmer to plan ahead until the past promises to de-list farms are honoured and it is clear that allocations have been administered fairly.
ZIMBABWE LAND DISTRIBUTION BY SECTOR AS AT SEPT 2001
Large Scale Commercial Sector (6,000 farms) on 11,020,000 hectares which is 28.2 percent. Zimbabwe is 39,079,000 hectares in extent.
The Large Scale Commercial Sector, totalling 11,020 000 hectares, Commercial Farmers' Union Members owned 8,595,000 hectares.
STATE LAND is 27,604 000 hectares, 70.6 percent;
PRIVATE LAND is 11,275 000 hectares, 28.9 percent
URBAN LAND is 200 000 hectares, 0.5 percent.
The Government of Zimbabwe Land Reform programme has resulted in changes to the above picture. Land has been acquired through notices of acquisition and in some instances, invaders have first arrived on farms, under the 'Fast track' programme and then steps have been taken to acquire the farms through legal means available.
Some farms were deemed unsuitable and were then delisted from acquisition, however in November 2001, the Government of Zimbabwe announced its intention to implement Maximum Farm Size regulations and this resulted in the relisting of farms. The results below indicate this shift in policy.
Listing refers to the naming of the farm in Government Gazette notices - it is a preliminary notice, Section 5. The following are compulsory acquisition statistics; they represent the changing picture of occupation of land in Zimbabwe.
Large scale commercial farms comprising 11,020,000 hectares (28.2% of Zimbabwean land) under threat of acquisition.
As at 19 July 2002, there were 6,148 farms measuring 10,780,963 hectares of land listed for acquisition. On this date there were 465 farms measuring 864,579 hectares delisted from acquisition. There were 339 farms, 770,759 hectares that had previously been delisted, relisted for acquisition. This brought the nett figure to 6,022 farms on 106,8714 hectares of land. To translates to 97 percent of the land acquired.
But Three Lefts do!!
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