Zimbabwe -- Government admits eviction orders invalid

Financial Gazette (Zim) ^ | August 22, 2002 | Staff Reporter

[Clive]

THE government, which is arresting white commercial farmers for defying its Section 8 orders to vacate their properties by August 10, has acknowledged that the orders are invalid.

This emerged in the High Court yesterday where about 58 farmers sought the court's intervention to declare Section 8 orders null and void.20

It emerged that the civil division of the Attorney General's Office, which is representing the government, had written to more than 30 commercial farmers challenging the validity of the orders saying the state had no objection to the applications made by the farmers.

"The respondent (the state) doesn't oppose the relief sought by the applicant (the farmer). The respondent reserves the right to argue on cost of the application," says most of the government's responses to the farmers' application challenging Section 8 orders.

Despite the government's admission that the orders were heavily flawed and not served properly, it has directed police to descend heavily on the farmers, arresting hundreds who have remained on their farms, including those not served with the eviction orders.

State lawyers who have not lodged any opposition to the farmers' court applications yesterday implored High Court judge Justice Charles Hungwe to postpone the matter for two weeks, saying there were some serious security issues that needed to be addressed first.

State lawyer Nicholas Mutsonziwa of the Attorney General's Office said although the state was not opposing the farmers' applications, there was need to first ensure the security of the farmers and their property before the court granted the farmers' applications.

Justice Hungwe, who was reluctant to postpone the matter saying since most of the farmers concerned were in the Hurungwe area and therefore the state could address its security concerns within a day or two, later decided to postpone the matter for only a week.20

Jeremy Callow of Harare law firm Stumbles and Rowe and Lewis Uriri of Honey and Blanckenberg are representing the majority of the farmers.

The court has in the past nullified dozens of Section 8 orders, but the farmers were still arrested after defying the August 10 deadline.20

As of yesterday afternoon, 217 commercial farmers had been arrested, with some still held at police stations while others had been released on $5 000 bail.

[Clive]

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[Pearls Before Swine]

The question isn't whether the evictions are "illegal." The question is whether there is enough law and order in the country to prevent roving gangs of so-called veterans to loot the farms and murder the occupants. If the courts say the farmers can stay, but the police look the other way, what difference does it make?

[Cincinatus' Wife]

***Despite the government's admission that the orders were heavily flawed and not served properly, it has directed police to descend heavily on the farmers, arresting hundreds who have remained on their farms, including those not served with the eviction orders. ***

Bump

[Travis McGee]

The rule of law is dead, there is only the rule of Mugabe.