Zimbabwe farmer loses fight, faces eviction

Zimbabwe farmer loses fight, faces eviction

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By Lebo Nkatazo

ZIMBABWE’S highest court on Tuesday dismissed a constitutional appeal by a white farmer who was last month granted an interim relief by the SADC tribunal allowing him to remain on his farm against eviction threats by the government.

The ruling gives Zimbabwean authorities the power to carry through with the eviction.

Chegutu farmer William Mike Campbell and his farming company, Mike Campbell Limited, were challenging Constitutional Amendment Number 17 which states that all farm land in Zimbabwe now belongs to the State and anybody who wishes to utilise it has to apply for and be granted a lease agreement.

The Constitutional Amendment, passed in 2005, also removed the right of the courts to adjudicate in land acquisition matters.

Campbell’s application was dismissed by the full bench of the Supreme Court – Chief Justice Godfrey Chidyausiku and Justices Ziyambi, Malaba, Gwaunza and Garwe.

Last month, the SADC Tribunal ruled that Campbell should remain on his expropriated farm until the Supreme Court in Harare rules on his appeal case, which it has dismissed.

SADC Tribunal President Dr Louis Mondlane said in his ruling: “The Tribunal grants the application pending the determination of the main case and orders that the Republic of Zimbabwe shall take no steps, or permit no steps to be taken, directly or indirectly, whether by its agents or by orders, to evict from or interfere with the peaceful residence on and beneficial use of the farm known as Mount Carmell in the Chegutu District in Zimbabwe, by Mike Campbell Ltd and William Michael Campbell, their employees and the families of such employees and of William Michael Campbell."

Apart from seeking an order nullifying the Amendment 17, the farmer also wanted the court to reach a decision to the effect that “the right from deprivation of property and the obligation on the state through the acquiring authority to pay fair compensation for acquiring of property…within a reasonable time as provided under the constitution has been violated.”

However, the court dismissed the application.

The judges also supported the government’s ouster of their authority in such matters saying: “The court of law shall have jurisdiction in a specific class of cases… the intention of the legislature must be respected and enforced.

“By a fundamental law, the legislature has unquestionably said that such an acquisition shall not be challenged in any court of law. There cannot be any clearer language by which the jurisdiction of the courts is excluded.”
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