Posted on 06/01/2003 3:48:18 AM PDT by Clive
Edited on 04/29/2004 2:02:37 AM PDT by Jim Robinson. [history]
HARARE, Zimbabwe (Reuters) -- Zimbabwe's police got a high court interdict on Saturday ordering opposition leader Morgan Tsvangirai to call off street protests next week or face arrest.
The order was issued by High Court Judge Ben Hlatshwayo after the police filed an urgent application in which they claimed the planned protests would undermine law and order and challenged the country's constitutional democracy.
(Excerpt) Read more at cnn.com ...
Here is a story from the Zimbabwe Independent, dated January 10, 2001:
High Court Judge occupies farm
Blessing Zulu
HIGH Court judge Justice Ben Hlatshwayo, with the assistance of the police, has joined the bandwagon of prominent individuals involved in the controversial land reform exercise by occupying a farm that has a provisional court order sparing it from acquisition.
Hlatshwayo last month occupied the 375-hectare Lot 1 of Gwina Farm in Mashonaland West belonging to one of the country's leading farmers, Vernon Nicolle.
Documents made available to the Zimbabwe Independent this week show that on September 12, the High Court issued Nicolle with a Provisional Order (case number HC 8180/02). The final judgment on the matter has not been delivered as the Minister of Lands did not respond within the stipulated 10 days.
Despite the provisional order, Hlatshwayo proceeded to occupy the farm. He has also ignored letters written to him by Nicolle's lawyers.
In the first letter delivered to Hlatshwayo at his chambers, the lawyers said the judge was violating the High Court Order.
"We have been instructed by our client that over the weekend of November 23/24, 2002, you moved agricultural equipment onto the farm, having previously visited the farm on the 15 and 22 November, 2002," said the letter.
"The Order remains of force and effect. Given the terms of the Order you are not, with respect, entitled to visit the farm, neither are you authorised to deliver implements to or deploy guards on the farm and which we assume, lest you advise to the contrary, is preparatory to conducting farming operations.
"Be advised that our client will, if necessary, approach the High Court for relief. We trust that this will not be necessary," the letter said.
Another letter dated December 3 and delivered to Hlatshwayo also expressed concern at his conduct.
"We are informed that you have moved your equipment into certain sheds on the farm and which is being guarded by policemen from Banket," the letter said.
"In addition, it is alleged that approaches have been made to employ our client's labour. With respect you are trespassing."
Hlatshwayo himself moved onto the farm in late December. The Independent heard this week that the judge moved in with his maroon Mitsubishi, registration 627-219, towing a blue caravan. Nicolle said he confronted Hlatshwayo and told him that he was acting illegally.
"I stressed that being a judge, he should know how the legal system in Zimbabwe works," said Nicolle.
Hlatshwayo said he was not moving since it was not his problem.
"Hlatshwayo told me that my conflict is with the acquiring authority which is government, not himself," Nicolle said.
Hlatshwayo, who sometimes sleeps in the caravan on the farm, is now ploughing and forcing Nicolle to stop any farming activities, Nicolle said.
They already have him on trial for "treason." Arresting him could be the spark.
It won't take much to set it off.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.