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The Struggle for Land in Zimbabwe (1890-2010)…when Chief Justice Gubbay was forced to resign

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The Supreme Court initially reserved its judgment on the CFU application, but on November 10 2000, it ordered the Government of Zimbabwe to stop the Fast Track Land Reform Programme, writes Dr Felix Muchemwa in his book The Struggle for Land in Zimbabwe (1890-2010) that The Patriot is serialising.

Official launch of the Fast Track Phase of the Land Reform
Programme: July 15 2000
ON June 21 2000, the Government issued a preliminary notice to compulsorily acquire 804 farms for resettlement.
For the first time, the full list of farms to be compulsorily acquired was published, with full details of the owners and their title deeds. Any objections were to be submitted by July 2 2000.
Now supported by the relevant constitutional and legislative (Land Acquisition Act) amendments and more than 90 000 war veterans and communal peasants firmly on more than 1 000 settler-farms, Vice-President Joseph Msika officially launched the Fast Track Land Reform Programme to start immediately on the 804 gazetted farms on July 15 2000. (Scoones et al, 2010: p.24)
But, as expected, the Commercial Farmers Union (CFU) was defiant and contested the acquisition.
On July 18 2000, it was revealed that of the 804 farms listed for compulsory acquisition for the Fast Track Land Reform Programme, 184 farms were single-owned farms and were accordingly removed from the original list; 445 farms had been contested; 71 farms had been appealed for.
Only 59 farms remained without response from the owners.
CFU president, Tim Henwood’s comment was: “We contested the compulsory acquisition of the 442 farms because we do not believe farms can just be taken away without compensation.” (The Herald, July 19 2000 p.1)
On the other hand, the war veterans’ stance was even harder. Regardless of the publication of the full list and details of the targeted farms, the war veterans had already vowed to continue their land occupations.
On its own part, the Government was undeterred and went ahead and compulsorily acquired 160 farms of the 804 listed farms, taking 20 farms from each of the eight non-metropolitan provinces.
These became the first farms to be acquired since the Land Acquisition Act Amendment to the Lancaster House Constitution on April 6 2000. (The Herald, July 15 2000, p.1)
By August 1 2000, the Government was ready to resettle the first batch of peasant families on the 160 farms.
The Zimbabwe National Army (ZNA) was tasked to provide the logistics needed in terms of transport to uplift the beneficiaries for resettlement before the rain season.
Viewfield Farm, Centenary
On August 2 2000, 43 peasant families were allocated 32 hectares of land per family for residential, cropping and grazing purposes on the 1 436 hectares Viewfield Farm in Centenary, Mashonaland Central Province.
The widows, youths, war veterans, farm workers and villagers were the first beneficiaries of the Fast Track Land Reform Programme. (The Herald, August 3 2000, p.1)
The next beneficiaries were 95 families who were resettled on Avalon Farm in Centenary again.
Malton Farm, Gutu
In Masvingo, the Governor, Cde Josiah Hungwe, launched the Fast Track Land Reform Programme on August 7 2000.
Eighteen families were allocated 32 hectares of land per family at Malton Farm, in Gutu District (The Herald, August 9 2000 p.4), and soon,62 000 hectares of land were distributed to the thousands of communal families.
CFU challenges legality of the Fast Track Land Reform Programme
On November 7 2000, the CFU challenged the legality of the Fast Track Land Reform Programme in the Supreme Court.
The Union, represented by Advocate Adrian De Bourbon, asked the Supreme Court to declare the Fast Track Land Reform Programme unconstitutional and to stop it.
The Deputy Attorney-General, Bharat Patel, represented the Government. (The Herald, November 8 2000 p.1)
The Supreme Court initially reserved its judgment on the CFU application, but on November 10 2000, it ordered the Government of Zimbabwe to stop the Fast Track Land Reform Programme.
It ruled that the Government of Zimbabwe was to proceed with the Fast Track Land Reform Programme only after the legal requirements were met.
Ministers and Governors implementing the Fast Track Land Reform Programme were ordered to stop the programme.
The Police Commissioner, Augustine Chihuri, was ordered to stop the farm occupations, and the order was to be complied with within 48 hours after receiving the orders.
The final Supreme Court declaration was: “It is declared that resettlement on the commercial farming land implemented by the respondents … before all requirements set out, has contravened the fundamental rights contained in the Constitution of Zimbabwe, of the owners and leases of those properties.” (The Herald November 11 2000 p.1)
The full bench of the Supreme Court, Justice Gubbay, Justice Cheda, Justice Malaba, Justice Ziyambi, and Justice Ibrahim concurred. (The Herald, November 11 2000, p.1)
Chief Justice Gubbay forced to resign
Three months later, on February 26 2001, Chief Justice Gubbay was forced to resign.
Minister of Justice, Cde Patrick Chinamasa’s letter to the Chief Justice, noted that the Chief Justice was not being forced to retire on minor issues covered under the Judicial Tribunal or on those issues covered under the Judicial Service Commission as would have been required by law under normal circumstances, but that he had committed a more serious offence which necessitated his immediate retirement.
“Accordingly, you will be paid four months salary in lieu of leave. This means that your term of office as Chief Justice terminates on February 28 2001 by which time you should have cleared your belongings from your chambers.” (The Herald February 29 2001 p.1)
Justice Godfrey Chidyausiku was appointed Chief Justice of the Supreme Court of Zimbabwe
On March 8 2001, the Judge President, Justice Godfrey Chidyausiku, was appointed Acting Chief Justice. (The Herald, March 9 2001 p.1)
He was sworn in on March 13 2001 (The Herald, March 14 2001, p1) and then promoted to the post of Chief Justice of the Supreme Court of Zimbabwe and again sworn in on August 20 2001. (The Herald, August 21 2001, p.1)

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