Sunday, September 13, 2009

Farmers’ union urges Zim govt to respect SADC land ruling

COMMENT - The idea that returning land stolen on a racial basis is racist is absurd, but that is what the SADC tribunal 'found'.

Farmers’ union urges Zim govt to respect SADC land ruling
Written by Kingsley Kaswende in Harare, Zimbabwe
Sunday, September 13, 2009 8:18:20 AM

THE Commercial Farmers Union of Zimbabwe (CFU) has said Zimbabwe's justice minister Patrick Chinamasa will be personally liable if Zimbabwe disregards the SADC Tribunal's ruling on the white farmers contesting their land.

CFU vice-president Charles Taffs stated that Chinamasa's position that Zimbabwe would no longer be bound by the sub-regional court’s decisions was not supported by any law.

"We do not know if the minister involved...had duly consulted with the inclusive government and had authority to take the action or make the statements he has made. Without authority, naturally he will be personally responsible for any consequences," Taffs' statement read.

Chinamansa, in a letter dated August 7, 2009, told the SADC Tribunal that Zimbabwe would no longer appear before, or respect any decisions from the Tribunal arguing that it had not been properly constituted.

He argued that there was never any basis upon which the Tribunal could seek to find jurisdiction on Zimbabwe based on the Protocol that had not yet been ratified by two-thirds of the total membership of SADC.

Chinamasaís decision was a blow to 79 white commercial farmers who had won their cases in the sub-regional court, blocking the government from acquiring their farms. The farmers are members of the CFU.

The Tribunal had made two judgments in their favour barring the land acquisition.

Taffs stated that the Tribunal record showed that Chinamasa had previously accepted that Zimbabwe was bound by the Tribunal’s rulings and must respect them.

"...all legal advice we have received, all documents filed with the Tribunal by the Attorney General's Office until now, and the independent legal opinions we have seen, do not support the Minister's belated change of stance," stated Taffs.

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