JUSTICE IN ZIMBABWE
31
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published in the Herald, Erewhon has been allocated jointly to Mrs B Chanetsa, who
is the Ombudsman and wife of the Mashonaland West governor Peter Chanetsa, and
to another person.
All this, it should be noted, occurred despite the fact that the High Court set aside the
acquisition orders made in respect of her farm. 46
More recently, in August 2002 several 47 commercial farmers obtained orders from the
High Court setting aside the acquisition of their farms under the Land Acquisition Act
[Chapter 20:10] on the ground that mortgage-holders had not been notified of the
government’s intention to acquire their farms, as required by the Act. The government
did not contest these orders, whose effect was to restore to the farmers concerned the
right to remain on their farms.
The orders did not, however, protect some of the farmers from eviction when they,
along with many others in Mashonaland East and West provinces and elsewhere, were
directed to leave their farms by noon on Sunday 8 September. 48 It was not clear who
issued the directives, but they were served or delivered by teams of policemen. 49 The
directives were certainly illegal in so far as they were directed against farmers who
had obtained orders nullifying the government’s acquisition of their farms. Ms Simon
is one of the farmers who is being evicted.
In a further move to nullify the court orders, on 13 September 2002 the government
published a Bill50 to amend the Land Acquisition Act retrospectively, validating
preliminary notices of acquisition that were served without notice to mortgageholders.51 The Bill will also obviate the need for the government to prove to the
Administrative Court that land it has acquired for agricultural resettlement is suitable
for that purpose; will increase the penalty that may be imposed on farmers who do not
vacate their farms when ordered to do so; and will allow invalid acquisition orders to
be reissued, thereby requiring the landowner to vacate the land on seven days’ notice.
Prison officers refuse to obey court orders 52
Nine MDC members had been arrested on two counts of murder. They were alleged to
have kidnapped and murdered two ZANU (PF) activists, one of whom was Cain
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