Farm workers have continued to be the victims of violence during farm occupations. Violence against farm
workers is linked to the support given to the MDC by commercial farmers and by perceived implication, by their
workers too. In many areas, it seems that farm workers have been targeted for violence both so that the
assailants could take over their homes and in order to deprive the white farm owner of numerous potential
allies who have a stake in keeping their jobs and might therefore support the farm owner in resisting
government policy. Weaknesses in the organizational representation of farm workers have also made them
vulnerable to assault and intimidation.38
Perpetrators of Property Rights Violations
Major perpetrators of violence include the war veterans, the army, police, senior civil servants (in their
individual capacities or as agents of the state), ZANU PF militia, traditional leaders, and, in some cases, common
criminals. The common thread among all these peoples' actions was that crimes were committed in the name
of the revolution, the “Third Chimurenga” and in the majority of cases, violence was committed with impunity.
By the end of 2009, many actors were responsible for property violation, from ordinary peasants to highranking politicians, the 'junta'39 and government ministers and even included ministers of religion. Some did it
overtly while others chose to carry out violence secretly. All in all this violence, which disrupted the once
vibrant agricultural economy, had long-term effects materially and psychologically.
Judicial decisions on cases brought to court in Zimbabwe including the role of the
Commissioner of Police and right of everyone to protection of the law
Farm invasions were illegal and are often riotous. It is incumbent upon the police to protect the farmers and
their workers and further to investigate and arrest perpetrators of crimes on the farms. Under international law
the right to access justice and enjoyment of effective remedies on infringement of property rights is recognized.
Section 18 of the Constitution of Zimbabwe stipulates that everyone is entitled to the protection of the law - in
apparent conformity with international law. But has everyone and in particular the commercial farmer and the
farm worker enjoyed the protection of the law? The role of the police was succinctly described in Chavhunduka
and Anor v Commissioner of Police and Anor.40 The entitlement of every person to the protection of the law
which is proclaimed in S18 (1) of the Constitution embraces the right to require the police to perform their
public duty in respect of law enforcement. This includes the investigation of a crime, the arrest of the
perpetrator provided the arrest so warrants and bringing him or her for trial before a court of competent
jurisdiction. As underscored in Commissioner of Police v Rensford and Another,41 a member of the police may
not refuse to perform a duty imposed on them by the law of the land. The protection of the law and the police
duty in that regard, under S18 (c), extends to protection in respect of a person's civil rights.
When the farm invasions started, the Commissioner of Police washed his hands of the matter, stating that the
hands of the police were tied and they could not act since the matter was political. The CFU won three High
Court orders in 2000 forcing the police to remove the illegal farm occupiers and restore law and order. On 17
March 2000, in CFU v the Minister of Agriculture Land and Resettlement 42 Justice Paddington Garwe declared
that the invasions were illegal and ordered the Commissioner of Police to evict the unlawful occupiers from the
land within twenty-four hours. The Commissioner appealed against the order stating that the state had no
resources to carry out the evictions. Justice Chinhengo dismissed the appeal and upheld Justice Garwe's order
stating that the Commissioner of Police had a clear duty to enforce the consent order, and to afford commercial
farmers the protection of the law enshrined in the Constitution. Despite these two judgements, the leaders of
the war veterans publicly proclaimed that they would not be bound by the court order, but instead would
intensify the farm occupations.
38
Human Rights Watch, 2001
In Zimbabwe, when the army became political and got involved in the political processes, it was sarcastically called 'junta'. The
term does not mean that there was a praetorian government in Zimbabwe at one given time.
40
2000(1) ZLR 418(S)
losses suffered by commercial farm workers in Zimbabwe between 2000 and 2008. Report prepared by the Research andAdvocacy Unit
(RAU)? December 12, 2008
41
1984 (1) ZLR 202(S)At 202 H
42
See CFU vs. Minister of Agriculture Land and Ressettlement (HC3985/2000)
39
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