JUSTICE IN ZIMBABWE
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and the allocation of plots,” the court said, “the exercise degenerates from being an
historical righting of wrongs into pure discrimination.”114 The displacement of farm
workers of foreign origin who were lawful permanent residents also amounted to
unfair discrimination. The court declared that forcing farmers and farm workers to
attend political rallies had violated their right to freedom of association and assembly.
The Supreme Court pointed out that it was the duty of the courts to insist on
compliance with the laws and that there be a return to lawfulness. It ordered the
respondents, namely the Minister involved in the resettlement programme, the
Minister of Home Affairs, the Commissioner of Police and the President, to comply
with previous High Court and Supreme Court orders that had been made with the
consent of the parties.
It also interdicted the Minister concerned from taking further steps to acquire land, but
suspended the interdict until 1 July 2001. This meant that until then the government
could continue with its (illegal) exercise of land acquisition. The court said it had
suspended the order to enable the Ministers to produce a workable programme of land
reform, and to enable the Minister of Home Affairs and the Commissioner of Police to
satisfy the court that “the rule of law has been restored in the commercial farming
areas”. The effect of this was that after the date the interdict became operative, the
government (if it was concerned with the law) would have had two options: either it
could have stopped acquiring any further farmland or it could have put a proper
programme in place and restored the rule of law and then acquired further land in
accordance with the programme. The CFU would have been entitled to return to court
only if acquisitions were effected after that date in defiance of the interdict. In that
event the CFU would have had to ask the court to rule that the government and the
police were in contempt and to ask it to impose penalties for the contempt.
The class action case
Regarding the land cases there is a peripheral matter worth commenting upon, and
that is an altercation in 2000 between the Supreme Court and Mr Justice Chidyausiku,
who at that time was Judge President of the High Court. The Supreme Court, with the
consent of the government officials involved in the case, had ordered the eviction of
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