Maravi

(HERALD) Resettled farmers file intervener application

Resettled farmers file intervener application
Court Reporter

THE 343 resettled farmers affected by the interim order granted to white former commercial farmers by the Sadc Tribunal have filed a substantive intervener application with the regional tribunal. The white former farmers, led by Mike Campbell (Pvt) Ltd and William Michael Campbell and other 77 interveners had sought to stop the compulsory acquisition of their farms for resettlement.

The beneficiaries, who filed their application on Tuesday last week, are seeking a discharge of the interim order. In their application, the beneficiaries are arguing that they have a right to be heard in accordance with the principles of natural justice on a matter that affects their peaceful and lawful occupation of the farms allocated to them by the Government.

Various allegations have been made against the beneficiaries of the land reform programme by the white farmers in their case ranging from false allegations of violence, intimidation and assault.

But the beneficiaries are saying they have a right to be heard on the allegations made against them by virtually all the 77 white farmers including William Campbell.

In most instances, in the papers filed with the Tribunal, the beneficiaries are being referred to by their names.

It is argued that in view of the explicit reference to the beneficiaries by name the Tribunal meri mutu (on its own) should have sought to hear the side of the beneficiaries.

The beneficiaries are also arguing that the current legal framework for the land reform in Zimbabwe is consistent with the Sadc Treaty, which entrenches the principle of state sovereignty.

On that basis, the farmers state, Zimbabwe is entitled to determine fully the distribution, allocation and disposition of its natural resources including land.

To this end, the beneficiaries say the Government must proceed with speed to finalise the implementation of the legal framework and guarantee them peaceful occupation of the farms allocated to them.

"The land reform programme is firmly premised on the principle of state sovereignty and the right to self determination in particular self determination in respect of the economy," the farmers further state.

The Sadc Treaty, the beneficiaries argue, provides adequately for the land reform initiatives.

They alluded to article 5(1)(a) of the Sadc Treaty as amplified by the Dar-es-Salaam Declaration on Food and Agriculture of May 2004 where the declaration clearly pronounces that article 5(1)(a) of the Treaty is relevant to agriculture and agricultural land reform.

The Dar-es-Salaam Declaration recognises agriculture as the backbone of Sadc and that 80 percent of the people in the region depend on agriculture for food and employment. The declaration under article 1(h) calls for the acceleration of land reform policy initiatives and access to land.

The beneficiaries are therefore proceeding in their case on the basis of allowing the Tribunal to intervene and consequently seek a discharge of the interim order granted in favour of white farmers.

They are also beseeching the Tribunal to allow them in terms of the rules to consolidate the main matter with their claim of possession vacant land allocated to them.

The farmers are also claiming that the rights created by the land reform programme in their favour are enforceable even against the Government of Zimbabwe.

It is, they state immaterial that the framework of the land reform is being challenged arguing that what is material are the rights created by the reform legal framework in favour of the beneficiaries and the duties and obligations assumed by Government.

The Tribunal is expected to set down the matter for hearing soon.

Three law firms are representing the beneficiaries — Mr Farai Mutamangira of Mutamangira and Associates, Gerald Mlotshwa of Antonio, Mlotshwa and Company and Messrs Namandje of Windhoek, Namibia. Gollop and Blank instructing Messrs Lorentzangula Inc of Namibia represent the white farmers.

Labels: LAND REFORM, WHITE FARMERS

posted by MrK @ 1:54 AM