Court rules against Malaysian investors in land case

Chimonyo, who is Zimbabwes ambassador to Tanzania, last year invaded Fangundu Farm claming the property was allocated to him in 2006, well before a consortium of Malaysian and Dutch investors trading as Matanuska was allowed to move onto the property to grow bananas.

The foreign investors, who say the farm is protected under a under a bilateral investment protection and promotion agreement (BIPPA), successfully applied to court for an order barring Chimonyo from seizing the property and that he should vacate the banana farm.

Matanuska were back in court last week seeking to block Chimonyo from appealing against the ruling ordering his eviction from Fangundu. The foreign investors told Justice Yunus Omerjee that Chimonyos appeal should be dismissed because the ambassador had failed to file the application within the stipulated timeframe.

But Omerjee ruled against Matanuska, on the grounds that Chimonyos application for the ruling to be overturned was already before the courts awaiting adjudication.

The relief sought by the present applicants (Matanuska) is misplaced, given the presence of an application for rescission, which is pending, said Justice Omerjee in his judgment. ?

Justice Omerjee said Matanuska can appeal against his ruling within seven days but in the interim, Chimonyo can remain at Fangundu Farm, where he is reportedly harvesting and selling bananas estimated to be worth US$40 000 a week.

Fangundu is only one on a long list of farms owned by foreigners and protected under bilateral trade agreements between Zimbabwe and other countries that were seized without compensation under Mugabes chaotic and often violent programme to grab white-owned farm land for redistribution to landless blacks.

But Mugabe, who has in the past backed seizure of white-owned land including farms protected under bilateral agreements, will be caught in tight in spot over the partly Malaysianowned banana farm given his perceived close ties to the Kuala Lumpur ruling establishment.

Mugabe has not made secret his clearly improbable wish to turn Zimbabwe into the Malaysia of southern Africa.

He has also regularly holidayed in the south east Asian country since the United States and European Union governments banned him and his top allies from their territories as punishment for stealing elections and failure to uphold the rule of law, democracy, human and property rights.

The Malaysian government has already made clear its displeasure over the seizure of the farm in a meeting between Zimbabwean Vice President John Nkomo and the Charge de Affairs at Kuala Lumpurs embassy in Harare, Mohamad Nizan Mohamad, earlier this month.

Mohamad told journalists after the meeting that Nkomo had promised to take the matter of the farm invasion with Mugabe.

Nkomo was not immediately available to confirm whether he has seen Mugabe over the matter.