How the Army, Police are Defying the Courts on Farms


BY CHARLES LOCK.

I am a Zimbabwean citizen trained in Zimbabwe as an agriculturalist. I have worked most of my life in Zimbabwe barring seven years when I worked as an agriculture consultant for a tobacco company traveling all over the world.


I have represented my country at international level as a cricketer. I inherited a farm of 1250 ha from my father in 1999 in the district of Murewa.

. In 2002 I voluntarily gave up my farm to the state as part of their land reform Programme and moved onto my father-in-laws farm in Headlands. It was 1200 ha and in 2003 I acquired the majority shareholding. The farm produced tobacco, roses, cut flowers, cattle and maize turning over US$1, 5 million
per annum. We built a school on the farm holding 400 pupils and a clinic which we funded.

. In 2003 the state officials demanded we give up some of our remaining farm. We agreed to let go of 250 ha. A month later we were asked by the District Administrator to give more. We agreed again to another 250 hectares but confirmed with the D.A. and the Governor that we were free to remain with the rest and the matter was finalized.

. At the end of 2003 Minister Made moved into the area and allocated our remaining portion to his relatives and we were put under pressure on the land by him and his agents. We were served prosecution notices and taken to court over the remaining portion despite all our prior agreements. In the prosecution we were granted 376ha of land.

. The minister refused to accept this and his relative continued the harassment on the ground until we had him evicted through a high court order.

. We then had about 2 years of trouble free farming until Brigadier General Mujaji arrived on the farm and claimed all was his including my crops and equipment. He produced an Offer letter signed by Minister Mutasa and put 4 to 8 armed soldiers at my gate. My labour were harassed as was I, and some
of my equipment was looted. We were forced to grow crops for him at gun point. I then went to see the Acting President Msika who is chairman of the National Lands Board. He told me to stay on the farm as I had been allocated it by the state under the Land Programme. He ordered the Governor to put this in writing for me.

. Mujaji said that he did not listen to Msika and carried on with his extortion at gunpoint. I then went to the high court and got an order against him requiring him to leave and replace what he had taken. He
appealed against this to the Supreme Court and failed.

. He refused to acknowledge the ruling of both the courts and evicted me at gunpoint from my house whilst the police looked on. He took whatever equipment remained on the farm. I then sought a contempt order on him and he was found guilty and sentenced to 30 days in prison with hard labour. See
appendix 5. He was never arrested despite the order being served.

. I returned to my farm in November 2007 and built things up again. We grew a large crop of maize 500 tons, and managed to get about 20% of our workers back. My flowers had been destroyed as had the tobacco crop amounting to a loss of 85% of income. As soon as we had finished reaping Mujaji pitched up
to the farm with Militia and army staff and attacked us on the farm. My labour was beaten up and I was barricaded in my house. I managed to escape at night and walked 15 kilometers to the main road where I got a lift. My key workers were chucked off the farm and Mujaji removed some of my irrigation pipes and a trailer and stole maize. He told me he was taking my crops including my wheat crop in the ground, my tobacco seed beds and all my equipment. Even my house was looted. The police reacted after two weeks and only after I took the issue to Head Quarters Police. They arrested no one.Mujaji still commandeers the farm with his soldiers and youth. He has prevented me from delivering any maize and all my workers have been severely threatened should they communicate with or assist me.

. In the meantime I have again been charged by the state for being on the land unlawfully; this was a criminal case and holds a sentence of 2 years imprisonment. I pleaded not guilty and was acquitted.

Mujaji ignored this and the local police have refused to deal with him.

I have got authority to be on the land from

1. The Acting President Msika and the Governor of Manicaland.
2. Two High Court Orders backed up by a Supreme Court Order.
3. A Civil Prosecution where I was allocated the Land
4. A criminal prosecution where I was acquitted thereby confirming my
allocation.

In spite of all this and including the fact that I donated my own farm to the State and 70% of my last remaining farm which really belonged to my father in law; built a school and a clinic, I have been evicted at gun point and my crops and equipment looted and taken by Brigadier General Mujaji.

 I have never once taken the state to court believing that they would honour their own laws and agreements. I am currently trying to get the Police,through their highest office, to act, to ensure the law is upheld. Mujaji is a senior member of the Zimbabwe National Army who is openly using Military
Personnel to defy the Courts, Police and laws to steal a farm that he wants.

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