Racial Discrimination in Zimbabwe: A systematic program of abuse (Part 4)

VICTIMISATION OF WHITE COMMERCIAL FARMERS

Sample Area: Chegutu And Kadoma Districts, Mashonaland West

By Ben Freeth

Due to the acute fear levels, the lack of free flow of information and the fluidity of people being moved from one place to another on the land ‐ and in many cases on numerous occasions ‐ it is difficult twelve years on to get a completely accurate picture of how many white commercial farmers are left on their farms.

This document therefore focuses on Mashonaland West province and the districts of Chegutu and Kadoma, for which comprehensive information is available. In these two districts there were 390 white‐owned and occupied title deeds in the large scale commercial farming sector in 2001. These farms were in an area spanning eight farmers’ associations.

In terms of a sample, it covers approximately 10 percent of the former white commercial farms in Zimbabwe and is indicative of what has happened countrywide. From 2000, the systematic attack perpetrated by the Zimbabwe Government and agents of ZANU PF caused mayhem in the commercial farming sector. It involved violent beatings, imprisonment, abduction [even from police stations], rape and murder.

White farmers were subjected to sleep deprivation for nights on end and frequently had to barricade themselves, their families and sometimes their staff inside their homes. The onslaught also involved the complete looting of farm houses, mass‐scale vandalism and extortion. The brutal and cruel treatment of livestock included denial of access to grazing, which frequently resulted in death by starvation, as well as hamstringing, mass theft and slaughter using inhumane methods that caused prolonged agony.

The attacks peaked during the election year of 2002, resulting in the farming community being whittled down from 390 white‐owned farms in 2001 to 51 by 2005 in the two districts. In a period of four years, 83 percent of white farmers had been forced to flee their homes and livelihoods – none of them with an eviction order from a court or any compensation whatsoever.

It is important to note that few of these white farmers had homes elsewhere, or independent pension schemes ‐ or other ways of making a living. In most cases, funds were reinvested in farming operations and improvements because the ultimate sale of a farm would generate more than adequate funds for retirement.

It is also noteworthy that the white commercial farmers at that time completely dedicated to farming. They were also tough and resilient. Many had survived a full‐scale civil war during the 1970s, the insecurity and fallout of the Gukurahundi genocide in the 1980s, during which thousands of Ndebele people were ruthlessly killed by the Mugabe government, and two of the worst droughts in the country’s history during the 1990s.

For 83 percent of them to flee their homes and their livelihoods, the racial attacks against them had to be very severe.

Black‐owned commercial farms unaffected

Of the 241 ‘black’‐ owned large scale commercial farms, none were targeted for compulsory acquisition, neither were the small‐scale black commercial farms in the area.

White commercial farmers barred from challenging acquisitions in court

In 2005, Chegutu commercial farmer Mike Campbell of Mount Carmel farm lodged a case with the Zimbabwe Courts challenging, among other things, the racial nature of the attacks taking place. The election that year – which was marred by violence and alleged rigging – resulted in ZANU PF gaining a two‐thirds majority in Parliament.

This enabled ZANU PF to change the constitution so that a farmer could no longer challenge the acquisition of his home and livelihood in court. This ouster clause affected the white community exclusively, of which approximately 99 percent had had their farms gazetted. It included all white‐owned farms in the Chegutu and Kadoma districts.

“Crime” of farming – up to two years in prison

Compounding this, a law was then passed that would make it an offence for any white farmer still in his home and/ or farming to remain on his property. The punishment for this “crime” was – and continues to be ‐ up to two years in prison.

When Campbell was arrested and faced the possibility of a two‐year prison sentence, he filed an application with the SADC Tribunal in October 2007 challenging the acquisition by the Zimbabwean government.

The SADC Tribunal was both a regional and international court, and was set up through the SADC Treaty. At the Tribunal on December 13, 2007 Campbell was granted a provisional order that gave him protection and allowed him to continue farming until the main case could be heard.

On March 28, 2008 an additional 77 Zimbabwean commercial farmers were granted leave by the Tribunal to intervene. Interim relief similar to that given to Mike Campbell on December 13, 2007 was granted to 74 of the farmers since three were no longer residing on their farms. Thirteen of the farmers were from the Chegutu district.

Systematic violation of SADC Tribunal ruling

The carefully strategized 2008 election violence perpetrated by ZANU PF was also directed at the SADC‐protected farmers and their workers, despite the fact that they were “protected” by an international court. The violence and looting was systematic and unrelenting. On the protected farms, farmers and farm workers were violently beaten, crops stolen and farmers’ houses were looted and ransacked.

On Mount Carmel farm, the remainder of Campbell’s prized wildlife, built up over many years and at considerable expense to reintroduce a diversity of game into the area, was killed. The slaughter included giraffe, eland, zebra, wildebeest, sable, kudu, impala, warthog, reedbuck and waterbuck. Campbell’s safari lodge, to attract local and international tourism to the area had already been burnt down in 2005.

Mount Carmel farm was acquired by Mike Campbell after Independence in 1980 and was purchased on the open market and on a certificate of ‘No Interest’ by the Zimbabwean government.

Abductions and attacks

Despite being awarded SADC protection, Campbell was abducted on two occasions, both times sustaining broken bones. On the second and more violent occasion, immediately after the violence ridden June 2008 Presidential run‐off election, his attackers broke seven of his bones during a prolonged night‐time torture session.

Although Campbell was eventually released and rushed to hospital by his family, he never recovered from the severity of the head injuries sustained. His neurologist reported that he had been hit over the head approximately 60 times.

His son‐in‐law, Ben Freeth, sustained a fractured skull and broken ribs during the abduction, while Campbell’s wife suffered multiple arm fractures. All were severely bruised. In addition to Freeth having to undergo brain surgery, there was a very real danger that he would lose the sight in one eye. Campbell’s loyal workers were also assaulted, arrested, and tortured by police on a number of occasions.

SADC Tribunal protection and signing of GPA

The Global Political Agreement (GPA) was signed by Zimbabwe’s three main political parties in Harare on September 15, 2008. Brokered by the Southern African Development Community (SADC), the GPA was intended to “create a genuine, viable, permanent, sustainable and nationally acceptable solution to the Zimbabwe situation”.

SADC Tribunal Ruling – November 28, 2008

Two months after the GPA was signed, the main SADC Tribunal case was won by Mike Campbell with a final and binding order that protected him and his workers on the farm.

The Tribunal’s decision on November 28, 2008 addressed four main issues:29

(1) Whether the Tribunal had jurisdiction to hear the case;

(2) Whether the plaintiffs had been denied access to domestic courts in violation of the SADC Treaty;

(3) Whether the Zimbabwean government had discriminated against the plaintiffs on the basis of

race, and

(4) Whether the plaintiffs were entitled to compensation.

(1) The Tribunal held that it had jurisdiction to hear the case, because Amendment 17 had eliminated the plaintiffs’ access to the domestic courts, and the plaintiffs were therefore entitled to seek remedy before the Tribunal.

(2) The Tribunal found that the plaintiffs had been deprived of their right to a fair hearing before being deprived of their rights.

(3) On the racial discrimination issue, the Tribunal held that the actions of the Zimbabwean government constituted indirect or “de facto” discrimination because implementation of Amendment 17 affected white farmers only.

(4) Finally, the Tribunal held that the plaintiffs were entitled to compensation for the expropriation of their lands.

Evidence presented to the judges by Ben Freeth – extracts

It is my observation that land invasions and the subsequent acquisition of land has been done with only one criteria. That criteria relates to the colour of the farm owner’s skin. I wish to back up this statement by quoting and recording some of the statements made and events that have led to the demise of the commercial farming sector in Zimbabwe.

Racial statements have been numerous from Zimbabwe’s political leaders and land invaders, as recorded in media broadcasts and articles. Joseph Chinotimba, (a militant ZANU PF cadre), was quoted as “spokesman” for the “ex‐combatants” in the (state‐owned) Herald newspaper at the beginning of the invasions in 2000. He said “his organisation was declaring war on any white farmer who resisted the invasions.”

The many incidents of racial abuse that we have contended with during the land invasions over the last seven years have made it abundantly clear that “resistance” means not moving off the land. It was clear from the complete absence of the censure of such statements and actions that government was fully behind such statements and actions….

In the Financial Gazette of March 16, 2000 President Mugabe was reported as saying: “The exfighters would be allowed to remain on the farms…. He said this “was necessary to teach the local white community…. that the land belongs to Zimbabweans.”

The day after this, President Mugabe was reported as saying that the ex‐fighters could remain on the farms, a High Court order issued on March 17, 2000 by Justice Garwe found that legally they could not remain on them. The Financial Gazette reported President Mugabe warning of “very, very, very severe violence against the white farmers if they took action against the invaders” (whom the court had just declared were acting illegally)….

On April 27, 2000, it was made clearer that if you had a skin that was white, whether you were a Zimbabwean or not, you had a problem. Joice Mujuru (then Minister of Water Resources and Infrastructural Development, now Vice‐President of Zimbabwe), was reported in the Times of London as saying: “They (white farmers) call themselves Zimbabweans. They are not. I am a Zimbabwean. When will you learn? Africa is for black Africans.”….

The first racial murders:

On April 15, 2000, David Stevens from Macheke was abducted from his local police station, where he had taken refuge (then tortured and shot). He became the first white farmer to be murdered by the invaders.

Three days after the murder of Dave Stevens, on April 18, 2000 (Independence Day), Martin Olds from Nyamandlovu became the second white farmer to be murdered since the Minister of Justice make his pronouncement a week earlier of the “political decision …. to go back and fight.” Police had sealed off roads to the farm to stop any relief getting to him.

On May 7, 2000 Alan Dunn became the third white farmer to be killed after having been beaten to death outside his home. The Daily News reported of the murders: “Vice President (Simon) Muzenda said that he did not regret the killings…. Yesterday the war veterans’ leader, (Chenjerai Hitler) Hunzvi, brushed aside Dunn’s death, saying: “There is nothing to say. He’s dead.”

It was clear that this mode of operation had always been on the cards. On June 14, 1986 at Rufaro Stadium, President Mugabe was reported as having said: “The only language that the mabhunu (racist term for white farmer) will understand is the language of the gun. The more you kill, the nearer you get to your objective.”

On March 17, 1990 at an election rally in Masvingo, President Mugabe said: “If the whites in Zimbabwe want to rear their ugly and terrorist head by collaborating with ZUM (a political party opposed to ZANU PF), we will chop that head off.”