The Supreme Court on 10 November ordered the government to halt all farm occupations and resettlement efforts until it complied with all legal requirements under the Land Acquisition Act.
There was no immediate reaction to the order especially from Information Minister Jonathan Moyo. There was speculation that this was probably because President Robert Mugabe was not in the country to give guidance.
The order was issued after a lawsuit filed by the Commercial Farmers Union. It gave the government 48 hours to comply with the order.
Full cable:
Viewing cable 00HARARE6330, SUPREME COURT ORDERS GOVERNMENT TO HALT FAST-
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This record is a partial extract of the original cable. The full text of the original cable is not available.
141016Z Nov 00
CONFIDENTIAL PTQ5715
PAGE 01 HARARE 06330 01 OF 02 141018Z
ACTION AF-00
INFO LOG-00 NP-00 AGRE-00 AID-00 CIAE-00 SMEC-00 COME-00
DODE-00 DOEE-00 SRPP-00 DS-00 EUR-00 VC-00 H-01
TEDE-00 INR-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00
OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00
SP-00 IRM-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00
DRL-02 G-00 NFAT-00 SAS-00 /007W
——————9E8A22 141019Z /38
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 7612
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY LONDON
AMEMBASSY PARIS
AMEMBASSY NAIROBI
C O N F I D E N T I A L SECTION 01 OF 02 HARARE 006330
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH
LONDON FOR CGURNEY
PARIS FOR BWILLIAMS
NAIROBI FOR PFLAUMER
PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,
NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON
PASS USTR – ROSA WHITAKER
CONFIDENTIAL
PAGE 02 HARARE 06330 01 OF 02 141018Z
E.O. 12958: DECL: 11/14/10
SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST-
TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL
REQUIREMENTS ARE FOLLOWED
CLASSIFIED BY AMBASSADOR TOM MCDONALD. REASONS 1.5 (B)
AND (D).
¶1. (C) SUMMARY: THE ZIMBABWE SUPREME COURT ISSUED A
UNANIMOUS CONSENT ORDER ON NOVEMBER 10 REQUIRING THE
GOVERNMENT OF ZIMBABWE (GOZ) TO HALT ALL FARM
OCCUPATIONS AND RESETTLEMENT EFFORTS UNTIL IT COMPLIES
WITH ALL LEGAL REQUIREMENTS UNDER THE LAND ACQUISITION
ACT (LAA). THE CONSENT ORDER GAVE THE GOZ MINISTRIES
INVOLVED IN THE PROGRAM 48 HOURS TO COMPLY WITH THE
CONSENT ORDER. POLICE ARE REQUIRED TO PREVENT NEW
OCCUPATIONS AND EVICT OCCUPIERS FROM FARMS THAT HAVE
BEEN ILLEGALLY OCCUPIED. THE CONSENT ORDER ALLOWS THE
GOZ TO CONTINUE IDENTIFYING FARMS FOR ACQUISITION UNDER
THE PROGRAM, BUT NOT TO INTERFERE WITH FARMING
OPERATIONS ON THEM. AS OF NOVEMBER 13 INDICATIONS WERE
THAT THE GOZ WAS GOING TO IGNORE THE CONSENT ORDER, EVEN
THOUGH IT AGREED TO IT IN THE SUPREME COURT CHAMBERS.
THE GOZ HAS NOT YET CHOSEN TO CRANK UP ITS PROPAGANDA
MACHINE IN RESPONSE TO THE RULING AGAINST IT, HOWEVER,
THE GOZ REPORTEDLY MOVED PEOPLE ONTO FIFTY ADDITIONAL
FARMS OVER THE WEEKEND. END SUMMARY.
—————————————-
CONFIDENTIAL
PAGE 03 HARARE 06330 01 OF 02 141018Z
GOZ FAST-TRACK VIOLATES THE CONSTITUTION
—————————————-
¶2. (U) ON NOVEMBER 13 THE ZIMBABWE SUPREME COURT ISSUED
A CONSENT ORDER ON A LAWSUIT FILED BY THE COMMERCIAL
FARMERS UNION (CFU) TO HAVE THE GOZ’S FAST-TRACK LAND
REFORM AND RESETTLEMENT PROGRAM STOPPED BECAUSE THE GOZ
IS NOT FOLLOWING THE LEGAL STEPS REQUIRED IN THE LAND
ACQUISITION ACT (LAA). THIS CFU LAWSUIT IS INDEPENDENT
OF ANOTHER LAWSUIT THAT SEEKS TO HAVE THE LAND REFORM
PROGRAM DECLARED UNCONSTITUTIONAL, WHICH THE SUPREME
COURT IS HEARING BUT HAS RESERVED JUDGEMENT ON. THE
FULL BENCH OF THE SUPREME COURT SAID THAT BY NOT ISSUING
THE PROPER NOTICES AND FOLLOWING THE TIMELINES SPELLED
OUT IN THE LAA, THE FAST TRACK LAND PROGRAM IS ILLEGAL
AND CONTRAVENES FUNDAMENTAL RIGHTS OF LAND OWNERS AND
LESSEES CONTAINED IN THE ZIMBABWE CONSTITUTION.
——————————————
CONSENT ORDER GIVES GOZ 48 HOURS TO COMPLY
——————————————
¶3. (U) THE CONSENT ORDER LISTS THE FOUR GOZ MINISTRIES
INVOLVED IN THE PROGRAM, THE COMMISSIONER OF POLICE, AND
THE GOVERNORS OF THE EIGHT PROVINCES OF ZIMBABWE AS
RESPONDENTS WHO MUST WITHIN 48 HOURS ENSURE THAT THE
ORDER IS BEING FOLLOWED. THIS INCLUDES PREVENTING NEW
FARMS OCCUPATIONS AND REMOVING PEOPLE WHO ARE ILLEGALLY
OCCUPYING FARMS. ACCORDING TO PRESS REPORTING, THE
MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT,
JOSEPH MADE, STATED THAT THE GOZ WOULD HAVE NO PROBLEM
CONFIDENTIAL
PAGE 04 HARARE 06330 01 OF 02 141018Z
CONSENTING TO THE ORDER, BUT THAT IT WOULD CONTINUE
IDENTIFYING FARMS TO BE ACQUIRED AND DEMARCATING THE
LAND UNDER THE PROGRAM AS ALLOWED BY THE SUPREME COURT
ORDER.
——————————————— —–
GOZ ACTIONS INDICATE NON-COMPLIANCE WITH THE ORDER
——————————————— —–
¶4. (C) CONTRARY TO MINISTER MADE’S STATEMENT, THE GOZ
HAS SO FAR IGNORED THE CONSENT ORDER AND APPEARS TO BE
MOVING FORWARD WITH ITS ILLEGAL PROGRAM. THE
INDEPENDENT PAPER “THE DAILY NEWS” REPORTED IN ITS
NOVEMBER 13 EDITION THAT THE GOZ HAD MOVED PEOPLE ONTO
FIFTY MORE FARMS IN BLATANT CONTEMPT OF THE ORDER. AN
ARTICLE IN THE NOVEMBER 12 EDITION OF THE GOVERNMENT-
CONTROLLED PAPER “THE SUNDAY MAIL” QUOTED ZANU-PF MEMBER
OF PARLIAMENT FOR ZVIMBA SOUTH, SABINA MUGABE, THE
PRESIDENT’S SISTER, TELLING A GROUP OF FAMILIES WHO
OCCUPIED PARKLAND FARM IN HER DISTRICT THEY SHOULD GO
AHEAD AND PLOW THE LAND IN SPITE OF THE SUPREME COURT
ORDER. PRESIDENT MUGABE’S SPOKESPERSON, GEORGE
CHARAMBA, IS QUOTED IN THE NOVEMBER 13 “THE DAILY NEWS”
ARTICLE AS SAYING THAT “THE GOVERNMENT CANNOT DEFY THAT
ORDER BECAUSE IT CONSENTED TO IT…BUT IN EXECUTING THAT
ORDER THERE ARE CERTAIN COMPELLING THINGS THAT MUST NOT
CONFIDENTIAL
CONFIDENTIAL PTQ5716
PAGE 01 HARARE 06330 02 OF 02 141019Z
ACTION AF-00
INFO LOG-00 NP-00 AGRE-00 AID-00 CIAE-00 SMEC-00 COME-00
DODE-00 DOEE-00 SRPP-00 DS-00 EUR-00 VC-00 H-01
TEDE-00 INR-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00
OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00
SP-00 IRM-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00
DRL-02 G-00 NFAT-00 SAS-00 /007W
——————9E8A39 141019Z /38
P 141016Z NOV 00
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 7613
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY LONDON
AMEMBASSY PARIS
AMEMBASSY NAIROBI
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 006330
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH
LONDON FOR CGURNEY
PARIS FOR BWILLIAMS
NAIROBI FOR PFLAUMER
PASS USAID FOR AFR/SD – DWELLER, AND AFR/SA – CPALMA,
NNEWMAN, A/AID RMCCALL, DAA/AFR VNEWTON
PASS USTR – ROSA WHITAKER
CONFIDENTIAL
PAGE 02 HARARE 06330 02 OF 02 141019Z
E.O. 12958: DECL: 11/14/10
SUBJECT: SUPREME COURT ORDERS GOVERNMENT TO HALT FAST-
TRACK LAND REFORM AND RESETTLEMENT UNTIL ALL LEGAL
REQUIREMENTS ARE FOLLOWED
BE OVERLOOKED, FOR INSTANCE, THE MAGNITUDE OF WAR
VETERANS ON THE GROUND…AND THE MOOD OF VARIOUS
PRESSURE GROUPS”. RICHARD AMYOT, CFU DEPUTY DIRECTOR OF
COMMODITIES, TOLD ECONOFF ON NOVEMBER 13 THAT THE
ZIMBABWE REPUBLIC POLICE (ZRP) IS TAKING NO ACTIONS TO
COMPLY WITH THE CONSENT ORDER BY REMOVING ILLEGAL
OCCUPIERS OF COMMERCIAL FARMS OR PREVENTING NEW
OCCUPATIONS.
———————————————
THREATS AND VIOLENCE CONTINUE AGAINST FARMERS
———————————————
¶5. (U) HARRY GREAVES, A COMMERCIAL FARMER FROM THE
NYAMANDLOVU DISTRICT, STATED IN THE NOVEMBER 10 ISSUE OF
“THE ZIMBABWE INDEPENDENT” THAT HE WAS RECEIVING DEATH-
THREATS BECAUSE OF HIS UNCOMPROMISING STANCE ON THE
ILLEGALITY OF THE FAST-TRACK PROGRAM. NYAMANDLOVU
DISTRICT IS WHERE THE COMMERCIAL FARMER MARTIN OLDS WAS
KILLED IN THE RUN-UP TO THE JUNE PARLIAMENTARY
ELECTIONS. ON NOVEMBER 11, ANOTHER COMMERCIAL FARMER,
ROBIN MARSHALL, WAS ATTACKED AND INJURED BY WAR VETERANS
ON HIS FARM WHEN HE IGNORED THEIR ORDERS TO STOP
PLANTING. THE POLICE CONTINUE TO EITHER STAND BY AND
CONFIDENTIAL
PAGE 03 HARARE 06330 02 OF 02 141019Z
NOT INTERVENE IN THE MAJORITY OF CASES INVOLVING
CONFLICTS BETWEEN WAR VETERANS AND FARMERS, OR ACTIVELY
SIDE WITH THE WAR VETERANS.
——————————————— –
CLEAR MILITARY INVOLVEMENT IN THE LAND PROGRAM
——————————————— –
¶6. (U) THERE WAS A REPORT IN THE NOVEMBER 9 – 15 EDITION
OF THE INDEPENDENT PAPER “THE FINANCIAL GAZETTE” THAT
AIR FORCE OF ZIMBABWE (AFZ) MILITARY PERSONNEL HAD
VISITED A FARM IN MASHONALAND WEST PROVINCE AND TOLD THE
FARMER TO STOP PLANTING TOBACCO BECAUSE HIS FARM WAS
BEING ACQUIRED BY THE GOZ. A ZIMBABWE DEFENSE FORCES
SPOKESPERSON CONFIRMED THE REPORT, AND STATED THAT THE
AFZ PERSONNEL HAD ACCOMPANIED ZRP OFFICERS AND THE
DISTRICT ADMINISTRATOR TO THE FARM IN THE MILITARY’S
ROLE AS A SUPPORT TO CIVILIAN AUTHORITY. THIS STATEMENT
COMES ON THE HEELS OF RECENT REPORTS OF ZIMBABWE DEFENSE
FORCES (ZDF) INVOLVEMENT, BOTH ARMY AND AIR FORCE, IN
THE FAST-TRACK LAND REFORM AND RESETTLEMENT PROGRAM.
¶7. (C) COMMENT: THE GOZ’S REACTION TO THE SUPREME COURT
ORDER HAS BEEN SURPRISINGLY ACQUIESCENT, AND COULD
SIGNAL THAT A MORE MODERATE GOVERNMENT POLICY ON LAND
REFORM IS IN THE WORKS. WE HAVE SEEN NO VITRIOLIC
CONDEMNATION OF THE SUPREME COURT BY MUGABE AND ZANU-PF
MOUTHPIECE, JONATHAN MOYO, WHICH WOULD BE EXPECTED. ONE
REASON WHY THE GOZ HAS NOT YET FORMULATED A MORE
STRINGENT STANCE MAY BE THAT PRESIDENT MUGABE IS NOT IN
ZIMBABWE TO GIVE GUIDANCE TO HIS LIEUTENANTS. THE FACT
CONFIDENTIAL
PAGE 04 HARARE 06330 02 OF 02 141019Z
THAT FARMER INTIMIDATION AND FARM INVASIONS CONTINUE
COULD INDICATE THAT THE GOZ MACHINERY IS ALSO SLOW TO
RESPOND TO A CHANGE IN DIRECTION AND THAT IT WILL TAKE
SOME TIME BEFORE THE GOZ’S AGENTS OF LAND RESETTLEMENT
ARE REIGNED IN. WE HAVE SEEN PREVIOUS PROMISES OF A
RETURN TO LAW AND ORDER GO UNHEEDED, BUT AT THIS POINT
ANY SIGN OF A GOZ MOVE IN THE RIGHT DIRECTION ON LAND
REFORM IS ONE MORE SIGN THAN EXPECTED. END COMMENT.
MCDONALD
CONFIDENTIAL
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