Zimbabwe -- Sample legal letter to illegal eviction parties

Justice for Agriculture ^ | September 6, 2002 | Jenni Williams

[Clive]

Sample legal letter to illegal eviction parties

Dear All,

I am forwarding this letter as have not seen it circulated widely. It is a good sample of what should be presented to an evicting party when they attempt to evict farmers!!!!

Jenni Williams

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KAROI FARMERS ASSOCIATION

6th SEPTEMBER 2002

OFFICER IN CHARGE ZIMBABWE REPUBLIC POLICE KAROI P O BOX 60 KAROI

Dear Sir,

RE: THREATENED EVICTION OF FARMERS THIS COMING SUNDAY 8 SEPTEMBER 2002

We represent the farmers who have received visits from your subordinates on Friday 6th September 2002, threatening them and ordering them to vacate their farms by midday on Sunday the 8th September 2002. We are advised by our lawyers that our members should inform the various Police details that any such action would be illegal because of orders pertained in the High Court of Zimbabwe setting aside the Section 8 orders issued against our members.

As you are aware, Section 9 of the Land Acquisition Act as amended, only comes into force when a valid Section 8 order is served on the farmer concerned. In the absence of a valid Section 8 order, the farmer is entitled to remain on his property and to continue farming. In any event, we would point out to you that even if there is a valid section 8 in place, only a duly constituted court can issue an order for the eviction of a farmer in terms of Section 9 of the Land Acquisition Act.

In the circumstances, any police officer or any other person for that matter, who attempts to evict any of our members, that action will be illegal.

We are instructed to advise you as we hereby do, that if any police officer is involved in such illegal evictions this weekend, we will sue you and the various police officers involved for damages in your personal capacity. You will appreciate that all police officers are bound in terms of the constitution to honour the constitution of Zimbabwe and its laws, and if you fail to do so you will be acting beyond the scope of your employment and accordingly you will be held personally liable. We stress that any such action for damages will include a claim for any consequential loss sustained by our members including loss of property.

Numerous farmers have had their Section 8 orders set aside and they have the relevant high court orders which confirm our contention with the Section 8 orders.

Some farmers have not had their Section 8's set a-side by the High Court. We should stress, however to you, that even in respect of these contraventions only a court has lawful authority to issue eviction orders and any action taken by the police to evict these farmers will be equally illegal. Yours faithfully,

KAROI FARMERS ASSOCIATION

[Clive]

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[Carry_Okie]

I am forwarding this letter as have not seen it circulated widely. It is a good sample of what should be presented to an evicting party when they attempt to evict farmers!!!!

So what are they going to do when the thug with a gun can't read?

[Clive]

I am sure that they know that they will inevitably be pushed off the land by thugs, official and otherwise.

But this letter can be part of setting the stage for law suits in South African, British, US and Australian courts and possibly at The Hague.

It might also possibly cause a watch commander or two to reflect on his own personable liability for the conduct of his constables and perhaps give him pause before he acts.

[Carry_Okie]

It might also possibly cause a watch commander or two to reflect on his own personable liability for the conduct of his constables and perhaps give him pause before he acts.

Not if he wants to keep eating.