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01 February 2010 Edition 30 01 February 2010 Edition 30 CHIPINGE-A scandal is brewing after a the case, convicted and sentenced the farmers to The farmers’ lawyer had approached the High Magistrate blocked the enforcement of a High a US$800 fine each, and ordered them to vacate Court because of the unreasonable nature of Court order that would have resulted in him their homes and farms by last Wednesday evening Zuze’s order for them to vacate their properties losing access to a farm that he received under the (24 hours’ notice). at such short notice. The High Court granted controversial land reform programme. the farmers’ application by suspending Zuze’s ruling would effectively clear the way for their evictions. Chipinge Magistrate, Samuel Zuze last Tuesday him to move on to the property. convicted four farmers, Algernon Taffs of Chirega But Zuze ordered the arrest of Gifford and ScandalFarm, Z.F Joubert of Stilfontein, Mike Odendaal Not only did he block an attempt by the of Hillcrest and Mike Jahme of Silverton Farm Joubert in Chipinge as they attempted to serve the for refusing to vacate their properties. convicted farmers to then lodge an appeal against the conviction and sentence, but Zuze Notices of Appeal as well as the High Court order went further by ordering the arrest of Trevor suspending the eviction on the Clerk of Court Zuze did not mention that he is holding an offer in Chipinge. letter, issued in November 2009, for Jahme‘s Gifford, the immediate past president of the Silverton Farm when the men appeared before Commercial Farmers Union and Dawie Joubert, him and therefore had a direct interest in the who had travelled to Chipinge on Thursday to Maanda said that on the instructions of Zuze, the Trust Maanda case which, in normal circumstances, would serve the High Court order setting aside the Clerk refused to accept and stamp the Notices have led him to recuse himself from considering eviction, according to the two farmers’ lawyer, of Appeal. And instead of complying with the Kudya, law officers arrested Gifford and Joubert the matter. Instead, Zuze went on to preside over Trust Maanda. High Court Order, issued by Justice Samuel for contempt of court. To Page 4 ZZZICOMP is watching HARARE-Three influential civil society elections and to foster a culture of human rights ZZZICOMP said in January alone, it recorded State media reports also indicate that the process organisations have set up an independent and constitutionalism in Zimbabwe. at least eight documented and confirmed has been hampered by lack of adequate funding mechanism to monitor the Parliament-led incidents of torture, assault and various forms of and quarrells over who will foot the bill for the constitution-making process that has been dogged ZZZICOMP, which will deploy two monitors intimidation, allegedly by ZANU PF youths, the recently held training of outreach teams by a myriad of problems ranging from funding to in each constituency has already trained 420 Zimbabwe Republic Police and the Zimbabwe political party bickering. monitors, as well as provincial coordinators and National Army personnel in Mudzi, Kuwadzana, other key personnel who are now on the ground Domboshava, Chimbondoro, Chiramwiwa Seventy teams are supposed to be deployed across the country observing the operating and Harare. throughout the country to solicit for ordinary The monitoring initiative is known as the environment in general. people’s views but they have been told to put Zimbabwe Peace Project (ZPP), Zimbabwe their programmes on hold until the fresh disputes Election Support Network (ZESN) and Zimbabwe The stop-start constitution making process was The monitoring body said its activities will act once again suspended a fortnight ago following are resolved. Lawyers for Human Rights (ZLHR) Independent sharp differences within President Mugabe and Constitution Monitoring Project (ZZZICOMP). as a confidence-building measure for the people by holding those leading the process to account Prime Minister Tsvangirai’s coalition government The unending problems affecting the crafting and insisting on greater transparency, pressuring over a consultation process that is already behind ZZZICOMP will assess and evaluate the for a conducive operating environment and schedule by several months. of the country’s supreme law also prompted the constitution-making process against established availability of diverse information relating to National Constitutional Assembly (NCA) to label principles, benchmarks and standards of constitution-making. The suspension, the latest setback for the process the constitution-making process “a circus.” constitutionalism and constitution-making, set to produce a new constitution to replace including openness, transparency, inclusivity, It would also assist in ensuring that the draft the one Zimbabwe adopted in 1980 is just one NCA chairman Lovemore Madhuku, whose legitimacy, accessibility and receptiveness. constitution ultimately produced is a true reflection indicator of the multiple challenges facing the constitutional reform body is opposing the of the input provided by those participating in fragile coalition government. current constitution-making process over sharp ZANU PF leader President Robert Mugabe, consultative and outreach processes. differences with President Mugabe and Prime Movement for Democratic Change (MDC) leader Besides being a key result area for the transitional Minister Tsvangirai’s approach to the process, Prime Minister Morgan Tsvangirai and his deputy ZZZICOMP said it was worried about the government, a new constitution would also lead said COPAC had failed to register progress within Arthur Mutambara, agreed to undertake a fresh current operating environment, whose conditions to fresh elections to end the southern African it said currently makes it impossible for country’s long running political crisis. its set timelines while the process is dependent on constitution-making process when they signed the views of politicians. the Inter-Party Political Agreement (IPA) in people to participate freely in the constitution- September 2008. The IPA formed the basis for the making process. The management committee of the Parliamentary formation of the fragile coalition government in Select Committee made up of representatives “We cannot watch this circus. It (process) is February last year. “Repressive legislation that inhibits freedom of from the three governing parties suspended the depending on the temperatures of politicians. assembly, association, expression and movement outreach programme on the new constitution They have failed to follow their timelines so it is has not been repealed or amended, and continues because they were reportedly divided on the now an open process,” Madhuku told journalists ZZZICOMP’s goal is to objectively monitor, to be selectively applied by the authorities,” criteria for the selection of rapporteurs to at a press conference held in Harare last Thursday. observe and report on the work of the Constitution said ZZZICOMP. accompany the outreach teams. Parliamentary Select Committee (COPAC), the public outreach programme, the work of The University of Zimbabwe (UZ) law lecturer the Thematic Committees and the Drafting said Western donors and governments must Committee, and the final document produced in stop wasting their resources by funding the order to adjudge how democratic and transparent current process. the constitution-making process is. “For the first time Zimbabweans are going to A statement issued by ZZZICOMP’s three protect Western taxpayers. They (politicians) are principals namely Rindai Chipfunde-Vava of not writing a constitution. They are siphoning ZESN, Jestina Mukoko of ZPP and Irene Petras money from the West,” he said. of ZLHR at a press conference held in Harare last Wednesday said the body will judge if the final constitutional document “accurately reflects the The NCA chairman said his organisation will input of broad and diverse popular participation” oppose the constitution-making process and any after monitoring the process. document that comes out of the process. Chipfunde-Vava said the three partners in “We will oppose the constitution that will come ZZZICOMP are non-partisan, independent and out of it. We don’t want to legitimise a bad professional organisations whose main functions constitution-making process. Constitutions must are to promote peace, promote democratic ZZZICOMP representatives Rindai Chipfunde-Vava, Irene Petras, Choice Ndoro and Wellington Mbofana emanate from the people,” said Madhuku. 01 February 2010 Farmer to appeal High Court ruling HARARE-Colin Cloete, a farmer whose Tribunal since Harare had not ratified it. Maxwell regarded is confined to the 79 applicants before there-under... I am amply satisfied that the application for a SADC Tribunal ruling to had argued that the Tribunal had no jurisdiction it, its ramifications extend to the former owners registration and consequent enforcement of that be registered and enforced in Zimbabwe over Zimbabwe, but Justice Patel ruled otherwise. of all the agricultural land that has been acquired (SADC) judgement would be fundamentally was dismissed last week will appeal to the since 2000.” said Justice Patel, in his 20 paged contrary to the public policy of this country.” Supreme Court, his lawyer has said. “It seems to me legally unsustainable to espouse judgment handed down on Tuesday last week. Uriri said he was happy in that the High Court a major facet of the amended SADC regime and had ruled that Zimbabwe was bound by the
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