Farmers take Biti, Chihuri to Supreme Court

Last Thursday the Commercial Farmers Union (CFU) made the application to the Court following the continued intimidation of the countrys remaining white farmers and illegal farm seizures. The farmers claim that their constitutional rights are not being protected and the attacks are racially motivated. Among those government officials named as lawfully failing the farmers is Finance Minister Tendai Biti, who has not allocated money for compensation for farm improvements to farmers evicted from the land.

Other respondents include Justice Minister Patrick Chinamasa, Police Commissioner Augustine Chihuri and Lands Minister Herbert Murewa, all three are from Mugabes Zanu (PF) Party.

Hendrik Olivier, the Chief Executive Officer of the CFU, said on Monday: Every single farmer that is being evicted currently is a white person. This is a motive against white farmers for an imbalance that was created in the colonial past which we disagree about, Olivier said, About 80 per cent of white farmers in this country purchased their land after independence in 1980 and therefore had to have a certificate of no-present-interest which the government then gave to the farmer saying Im not interested in purchasing your farm at this stage and you may go-ahead.

The farmers want the Supreme Court to suspend any more farm evictions. In 2008 the Southern African Development (SADC) Tribunal ruled that the governments land reform programme is discriminatory and illegal under the SADC Treaty to which Zimbabwe is a signatory. Despite this, the Zimbabwean government has ignored the ruling, and officials with connections to Zanu (PF) have continued to persecute white farmers they say are refusing to vacate land acquired by the government for what they claim is redistribution to landless blacks.

Olivier said: We know that they dont recognise the SADC Tribunal and we have taken similar cases to the Tribunal, and the Tribunal has ruled accordingly, but we have many other farmers in this country who are experiencing enormous difficulties currently and thats why weve gone this route to the Supreme Court in this country.

But it is not just Zimbabwean farmers being targeted. There have also been attacks on some foreign farmers in Zimbabwe who are meant to be protected by bilateral investment protection agreements signed between Zimbabwe and other countries. But the Zimbabwean government has also ignored these agreements.

This latest application is also for those Zimbabwean farmers who have got no foreign nationality, who are not part of the SADC Tribunal, giving them an opportunity now to also see if they can get relief, Olivier said.