(NEWZIMBABWE) Constitution: Biti sacrificing the truth

COMMENT - It is always rich when the beneficiaries of apartheid and UDI claim 'racial discrimination', when they're the biggest racists on the planet. This is my review of Ben Freeth's works, the propaganda piece/documentary, and this is from the book.

Constitution: Biti sacrificing the truth
02/10/2012 00:00:00
by Ben Freeth

WITH all due respect to Finance minister Tendai Biti, I wholly disagree with his interpretation of chapter 16 of the draft constitution. It appears that both he and Constitution Select Committee (COPAC) co-chairperson Douglas Mwonzora have fallen into the trap of selective quotation and do not look at the practical effect of both section 4.29 and chapter 16 of the draft.

Biti waxes eloquent in saying “the land reform programme is now democratised that all Zimbabweans, irrespective of race, tribe or colour, can be beneficiaries of the same”.

He goes further saying that: “The constitution now allows the restoration of a private property market in Zimbabwe that will transform current agricultural land from a dead into a live asset.”

He takes this from Section 16.2 (b) of the COPAC Draft Constitution which states that: “subject to section 4.29, every citizen of Zimbabwe has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour”. This is an excellent provision, if one chooses to ignore the first four words of it.

The provision as read with section 4.29, however, does not make any changes to the land reform programme as it exists today. Nothing in the present constitution or the various enabling acts prevents any person of any race or colour from purchasing, leasing, or even acquiring an offer letter for agricultural land –– although as everyone is aware, this has hardly ever happened in practice due to the racial discrimination still in place.

The reality is that this provision only applies to land that has not been acquired by the state and section 16.3 of the COPAC draft reiterates that:

“(1) All agricultural land which

(a) was itemised in Schedule 7 to the former Constitution; or

(b) before the effective date, was identified in terms of section 16B(2)(a)(ii) or (iii) of the former Constitution;

continues to be vested in the State.”

Section 4.29 (2) of the COPAC draft, allows for the continuing acquisition of land without compensation and with no right to challenge it in a court or raise the argument that it is discriminatory –– notwithstanding the fact that the officially stated purpose of land reform, that of correcting the racial imbalance in ownership of land, was met a number of years ago.

So the reality is that nothing has changed. Chapter 16 does not afford anyone new rights or even provide people with protection of their existing rights. All it does is make a political statement which looks good on paper but has no practical positive effect.

In fact, it polarises Zimbabweans in terms of their race and background in that it affords “indigenous” farmers greater rights to compensation in terms of section 16.8 (1). As has been seen in our Indigenisation and Economic Empowerment Act [Chapter 14:33], an “indigenous” person is limited to:

“Any person who, before the 18th April, 1980, was disadvantaged by unfair discrimination on the grounds of his or her race, and any descendant of such person, and includes any company, association, syndicate or partnership of which indigenous Zimbabweans form the majority of the members or hold the controlling interest”.

This does not include people who are “white” –– although it may include people who were not born in Zimbabwe but who, if they were, would have been “disadvantaged”. So, for example, someone of Chinese descent may be considered “indigenous” despite not being born in Zimbabwe whereas a “white” Zimbabwean –– born in Zimbabwe –– would not be “indigenous”.

I can only agree with Biti in saying that “the COPAC draft is not the best constitution Zimbabweans could have written”.

I have to go further than that and state that it is not the best constitution that those “who have spent all their life fighting for a new order in Zimbabwe” should support, let alone promote.

I cannot believe that sacrificing fundamental principles and allowing the continuation of theft and racial discrimination against international law, against the SADC Treaty, against international judgments, and against every human rights convention ever signed will help in the feeding and rebuilding of Zimbabwe in any way.

For how long is the truth going to remain a casualty in this process?

Ben Freeth is a British-born white Zimbabwean farmer and human rights activist from the district of Chegutu. His fight to stay on his farm was chronicled in the award-winning 2009 documentary film 'Mugabe and the White African'

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COMMENTS

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Tobias

Mr Ben Freeth, u cannot be British and Zimbabwean at the same time. As black Zimbabweans and sons of the soil we want our land 100% from ur race whether u are now a British born or french born Zimbabwean. If u are to get access to our land it has to be on our terms. Lets not deny that everything has always been racial. All talk about non racial society is rhetoric and part of the project to have a share of what never belonged to you. The stealing of land by Europeans from blacks was racial so the return of that land also has to be racial. You want to teach to be civil when your ancestors from whom you benefited were not civil. That is called cheating. Africa for Africans
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Wasp

Point well-articulated! No matter how one attempts to "legalize" stolen property, it will always remain that: STOLEN PROPERTY...period! Zimbabweans are just RECLAIMING what was initially STOLEN from them; and RIGHTING the wrongs of this man's ancestors. Chete! If he wants land, why not claim one from his thieving ancestors where he is originally from? Leave Zimbabwe for Zimbabweans, please.......
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Pondo Mari

Truth is land reform chaotic as they may call it, will never be reversed by anybody ZANU PF, MDC or Mavambo and all serious politicians in Zim recognise that.
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MweniTafara

Constitution cannot empower whoever has land today to begin trading it when we all know land was given for free and state land is the of our shared farmers, how can a people constitution empower a few new farmer beneficiaries and the settler colonial farmers who took it by brute force?
Are we back to barbaric civilization? This finance Bete minister of yours hardly knows anything.
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BobZim

"Ben Freeth is a British-born white Zimbabwean farmer and human rights activist from the district of Chegutu. His fight to stay on his farm was chronicled in the award-winning 2009 documentary film 'Mugabe and the White African'"

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Lmao! Human rights activists my foot! Where were you when we were fighting to get our land back from you thieving from your thieving kith and kin! You should pay reparations first for illegal occupation and disposition of black Zimbabweans and pay for the evils of apartheid and slavery before we can even THINK of the possibility of paying you a single cent.
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Muzezuru

I thought this Freeth dude was just staying at his father in law's farm? He is British born as well, case closed! He clearly hasn't schooled himself on the history of his adopted country. Please let's stop calling everyone who says something against our country a human rights activist. The real human rights activists in Zimbabwe are those who spearheaded land reform and empowered Zimbabweans for generations, not these self serving racists like Freeth.
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GeorgeBachinche

So this fellow became a human rights activist when his illegal possesion of land was challenged by the indigineous people?
Surelyt New Zimbabwe editors have better sense than this
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Manyepochaiwo

Pn the Rhodesia Herald there was a column Farms for Sale in the classifieds until 2000. So if people buy something you call it stealing.
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BobZim

Are you saying something ceases to be stolen property simply because it was advertised in the herald? Lmao!
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jephy

buying stolen property is stealing
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ProudZimbabwean

you can piss off on the land issue Ben Filth, we will go to war or kick MDC arse so hard if they dared undermine corrections of your kith and kin theft!!/........that is that full stop. I dare anyone bar nobody try to bring back racists in any guise whatsoever. They got their selfish just deserts and we make no excuses at all about that!!
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bassman01

As with a baboon ,barking from the cliff tops,that is proud Zimbabwean.Chema Chema kuphela,fight with what?against whom.There will be a war in Zim,between you and your brothers.You have no money to pay soldiers ,what of your Airforce in Gweru.How,but you are dumb.You have been at war for 32 years and you say you want to go to war now.Hahaha
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BobZim

No matter what happens henceforth the land is now ours and you are f#cked for life! Squirm all you want but thats the reality!
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SaManyika

BobZim une munda here iwewe zvaunongoswere wawata.enda unorima munda wako kana unawo.utondere kuti wakanzi negovt usaise mapermanent structures pamunda wako iwowo uye zvakare hauna matitle deeds kana lease agreement zvayo.i chose not to own such free land.i bought mine in Nyanga,20h and i got title deeds to it.i can do what i want on my land and as for you guys sooner or later minda iyoyo muchaitorerwa mark my words.
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BobZim

Whether ndine munda here or not hazvichinje kufara kwandinoita because a long running injustice was corrected.

For your own information all agricultural land in Zimbabwe belongs to the state and your title seeds are nothing more than a piece of paper! Ask your lawyers if you don't believe me thats constitutional amendment number 13 my friend! All title deeds for agricultural land are not worth the paper they are printed on, their value fall somewhere between toilet paper and sh#t.

So iwe you would rather have varungu owning the farms simply because you don't own one? Uri mutengesi chaiye hantie
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bassman01

To whom are you addressing? Bobozim, the land is only yours of you have title deeds.Clearly you don't .As for me being f-ckd for life,I live at the Great Barrier reef in Australia,am a NZ citizen and have an excellent career .what point are you trying to make,please elaborate ,if you want to try
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BobZim

I am saying given the interest you have in our land affairs (here and also on timeslive if my memory serves me well) either you or your kind obviously lost a lucrative source of income when we took back our land. Something is really hurting inside you its out there for all to see!

We all know how easy it was for you to make money in Africa and pay easy money for almost everything. You obviously miss that! I have been to NZ and I know how most Rhodies live down there. It ain't easy adjusting to life as a commoner after being brought up as a demigod in Africa. Thats where the you are f#cked for life comes in.

You or your close friends have come full circle from prada to nada and that gotta hurt and I know it no matter how much you deny! No more big five game for you just some koalas and kangaroos for you mate.

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bassman01

Bobzim,you are quite correct on only one point.There were rich whites in Zim,however I was not one of them.I left with less than $350US.Congrats on traveling to the countries I now call home,I'm sure you will agree with me they are wonderful places.I have never hunted the big 5,I don't believe in killing just for the sake of it.Never owned land or a farm,never wanted to.Never even owned a car in Zim my whole life there,and have never commented on any other blog if my memory serves me correct.I there a point you are trying to make ?
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BobZim

You and your kind and yes of course those you wish could repossess land they once stole from our forefathers! Where are you losing me here! And again no f#rking compensation for any invader without reparations being paid first for the irreparable damage done by slavery, colonialism and apartheid!
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bassman01

It must be painfull to you when I say land distribution was necessary and long overdue,and that whites have been used as cannon fodder by The brits(as they have with every nationality)I have never said the land must not go to the original owners and repatriation must be addressed,or that whites must get their farms back.Are you not a bit confused?If you are happy about the violence and murder that went along with the farm takeovers,that is something for you to deal with.What now?
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Zuda Madhara

So why are you meddling in Zim affairs, Mr smart a##s Australia?
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bassman01

Well my friend,I'm Zimbabwean,that's why.not Rhodesian ,born in Zim,So if my interest involves my country of birth what of it?
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Gangarahwe Chimutsa

Vana bassman01, shame kusarohwa uku!
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ProudZimbabwean

You are slow but you will eventually get it, its inevitable!
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bassman01

I am a bit slow,definately,what of it?Are you not a bit yourself?
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Solo_Maimbodei

I hope that all those who thought that the white folk in Zimbabwe cared about good governance and human rights can now see clearly what the whole battle was about. Land Ownership. Thats is what Ben Freeth can see in the constitution. Everything else is just hot air to them, as long as they have thier land back----and all along they thought the MDC was going to deliver that (remember the MDC 2000 Election Manifesto that stated that property rights would be returned to what they were pre-1999).
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bassman01

Very good point solo.why was the land issue not addressed in 1980.A fresh new country,new law ,new land owners,why was there a delay?How many people born after 1980?I think these issues had been addressed,things would have been a lot better
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Christian Allard

1974 is when the father in law of Ben Freeth took over the land in Rhodesia. As it was before the 18th April, 1980, we know that when the family of Ben Freeth took the land, many were disadvantaged by unfair discrimination on the grounds of their race while Rhodesia was ruled by a white supremacist regime.
If Ben Freeth was a human rights activist, he would have made sure that the land was redistributed, he did not.
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datbrotherfromthestates

and that is when they EMMIGRATED to zim from APARTHEID SOUTH AFRICA!! they came to zim for one reason only....TO STEAL LAND!!
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BobZim

Thank you Christian right on point. Ben Freeth is nothing but liar and he knows it!
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datbrotherfromthestates

HE IS A LIAR AND A LAND THIEF!!
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datbrotherfromthestates

Ben freeth is NOT a zimbabwean born anything! freeth is a relic of APARTHEID SOUTH AFRICA! he and campbell EMMIGRATED to zimbabwe simply to steal land from the black people of zimbabwe! shame on you people at this site for posting such lies and propoganda against your own people and race!
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Jukwa

Africa IS for Africans.
African lands ARE for Africans.

The invading white THIEVES can dream all they like and salivate all they like and delude themselves all they like.

The ongoing Nehanda's Chimurenga WILL IN TIME ENSURE that every last cubic centimeter of African Ancestral properties are back in the hands of their rightful African owners.

Africans control no land in Europe!
europeans should control no land in Africa. That is the ultimate goal that Nehanda's Chimurenga will achieve.

Roma & Jews did not even invade the Europe in which they lived for over TWO THOUSAND YEARS!
Yet europeans GASSED & BAKED Roma & Jews BY THE MILLIONS, just because they were not of Europe.

So europeans will ethnically cleansed Europe of non-europeans.

And europeans ALSO want to ethnically cleanse Africa, the Americas, Australia, New Zealand, etc, and displace indigenous peoples?

Who died and made these pale devils lord of the planet?
No one! And so it is time for 'Rule of Law' to catch up with the criminal euro invaders in Africa.

Wise whites will know to vacate African Ancestral properties without fuss & delay.
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Wasp

Well said, Cde. These "thieving" aliens might have successfully cleansed and stolen entire lands in North America, Australia and New Zealand, but Africa is a different breed altogether. They failed to destroy us during slavery when they turned us into cash cows and property. And now, thanks to H.E. Bob "The Great," we are initiating FULL RECLAIMATION & REPOSSESSION of our STOLEN ancestral lands and will not give up the fight to any alien invader...not even for their sons who marry our daughters. Kwete!!!!
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Jukwa

Sting the 'aliens' Cde Wasp; sting them! lol

And by the way there is no 'marrying' of daughters. IT IS RAPE!

There was not way that African females was ever going to come in contact with the pale devils had the criminals not invaded African females.

And yes, whatever the case, African Ancestral properties MUST REMAIN WITH AFRICANS!
African properties CANNOT be transferred to non-Africans!
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Wasp

Let me comprehend this, Freeth is "....a British-born white Zimbabwean farmer" which makes him what? I thought previous statements and articles articulated that this opportunisitc man was a "mukwasha", a son-in-law, married to a Zimbabwean murungu, whose family OWNED the farm, kwete iye? If that's the case, what is he yepping about? Does he think that being British will give him enough credence to question the laws of our land? Does he think that being "Brish*t" should scare the govt to the extent of reversing land redistribution to appease his govt? Only in his Brish*t dreams. Mbuya Nehanda vakaramba. And we, too, are saying KWETE!!! Period!
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datbrotherfromthestates

HE IS FROM APARTHEID SOUTH AFRICA!! he and the campbells emmigrated to zim simply to steal land!
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Dhakanyu

The commentators on this this story seem to have been born by same mom. I dont know whether it could be taht its same person under different pseudonyms. Such people are nhundira mutsime. I urge people to ignore such misfits. I have leaked my wounds many times ,whites take us to court and loose. We should bring our debates within the context of issues Ben Freeth brings to the table. None of all these bunheards even attempted to quote the Draft,Ben is using to air his views.At this point my ear goes to Ben that all that mass of shit put together just doing gundamusaira. Whites are going to defeat us on a point of law, not on the morality of the previous or intended actions. Lets learn to diagnose and channel our efforts to this. As i write my broke gorvenment lost a case against white farmers in RSA-courts. I think we should start imprisoning this political commissars amongs us. They make most noise leading us into the bush.
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datbrotherfromthestates

I dont believe for one second that you are a black person,even with the bad grammar. freeth is a liar,a bigot and a land thief! and you are a comlete moron if you are black
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Vincent Gwarazimba

No reverse on land reform BUT lets rationalise and take away land from those who have too much. We should have a maximum size for each region and sell it at nominal price to create value and issuance of title to holders. a Land Commission must be established to deal with land issue.