Minister Mutasa takes 2 white farmers to court for defying eviction orders

By Violet Gonda
4 October 2006

Two white commercial farmers have become the first to be tried for defying eviction orders after they appeared in a Karoi magistrates’ court on Tuesday. Although Izak Daniel Nel and Gert Cornelius Terblanche, who are brothers-in-law, won an interim order three months ago to stay on their farms, State Security Minister Didymus Mutasa is reported to have personally issued them with a 90 day eviction order. The order was handed to them four days after winning the temporary reprieve by the High Court.

Their lawyer David Drury told SW Radio Africa that this is also in spite of the fact that the farmers are South African citizens with investment centre protection, and with approval from the government. He said; “There is an Act which is supposed to protect investors and their products or the value of their investments. As far as Mr Nel is concerned he detailed back in 1994 where he was going to be establishing his investments in partnership with a Zimbabwean. There was full disclosure of what property he was going to be occupying and that was approved.”

He added; “So the effects of Mr Mutasa’s order – which in fact wasn’t served up properly and in accordance of the law – was that his notice to vacate violated the principles of Zimbabwean government Investment Centre Act, which is promulgated by parliament and has not been repealed.”

Mutasa, who oversees the land reform programme, claims they are farming illegally on a state farm, which they deny, and they have carried on farming since the threats of evictions started. The two are said to be some of the best tobacco, maize and wheat growers in the country, having just delivered 5 000 tonnes of maize to the Grain Marketing Board.

Their farm – a massive estate called Dundazi in Mashonaland West province - was bought legally in 1986. It’s reported that the farmers had shown their commitment for land reform way back in 1997 by subdividing the farm for resettlement. This happened as part of an agreement with the local District Administrator that half of the farm would be given to settlers and a successful business programme and working relationship is said to have been working with the settlers since 1997.

The other half of the farm, which is co-shared and divided into two plots by the brothers-in-law, produces 2 500 tonnes of wheat and 500 tonnes of tobacco.

There was no comment forthcoming from Minister Mutasa but the farmers’ lawyer says the farms are earmarked for people who already own other farms. It is alleged that a Mr. Day Muyambo – who already has two farms in the Chipinge area – is using his sister’s name Delina Muyambo to acquire Terblanche’s plot. While Lot One owned by Nel is allegedly being eyed by a man known as Mr C. Matsika who is said to own Twin Rivers Hotel in Karoi and also has business interests in South Africa. Sources say this man also has farming interests in a farm called Wingate in that province.

The illegal farm evictions are continuing despite statements by the government that it had halted farm seizures which have played a huge role in the destruction of the economy. Analysts say this has been a tragedy as once productive farms have been destroyed largely due to corruption and lack of cohesive policies.

Ironically, some of the farmers who were chased out by the Mugabe regime have found a home in Zambia, Mozambique and Nigeria, where they have made significant contributions to the economies of those countries and won the praise of the respective governments.

A decision on the Karoi trial is expected on Friday but the lawyer said the Mutasa case is incompetent and has no effect as it is being heard in the wrong court. Drury said the magistrate’s court has no power to deal with eviction matters; “Where the commercial value, possession of the land, crops and so on exceeds the magistrate’s court jurisdiction – which has the monetary value of ZW$50 000. These people have crops on the ground which exceeds that by many thousands or hundreds of million dollars.”