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Posted on 12/05/2001 12:08:25 AM PST by Cincinatus' Wife
HARARE, Zimbabwe -- Zimbabwe's top court has declared the government's plan to seize white-owned farms legal, overturning its own previous ruling that the seizures were unconstitutional.
In a judgment released Tuesday, four of the five Supreme Court justices appointed to hear the new seizure case said they were satisfied the government's "fast track" land nationalization program was lawful and "sufficiently complied" with the constitution.
Last year's Supreme Court ruling declared the government's methods of land seizures illegal and in breach of constitutional ownership rights and government land laws.
Some of the judges who made that ruling have been replaced in recent months.
Four of the five judges hearing the new case, including Chief Justice Godfrey Chidyausiku, were appointed recently by President Robert Mugabe. Those four voted to uphold the government's land seizure program.
The Supreme Court traditionally had only five judges until Mugabe expanded the bench to eight in July, adding three judges considered loyal to the ruling party. The chief justice usually appoints small panels of judges to hear each case.
The opposition Movement for Democratic Change has described the court's expansion as a political ploy designed to turn the court into a government puppet.
Armed ruling party militants have occupied more than 1,700 white-owned farms since March 2000, demanding they be redistributed to landless blacks. The government has listed some 4,500 properties -- about 95 percent of farm land owned by whites -- for nationalization without compensation and last month warned about 800 farmers they had three months to vacate their land and homes.
Monday's court ruling rejected white farmers' assertions that the land seizures were taking place amid violence and a breakdown of law and order in farming districts.
It said the government had met the previous court's order to prove it had restored law and order and a sustainable land reform program in those districts.
Though it was not disputed that clashes took place on farms, "by definition, the concept of rule of law foresees a situation in which behavior prescribed as criminal will occur. The presence of the rule of law does not mean a totally crime free environment," the court said.
Adrian de Bourbon, the lawyer for the Commercial Farmers Union, had asked Chidyausiku and two other new appointees to recuse themselves from the hearing, alleging they had shown open allegiance to the ruling party and its land seizures.
None of the judges stepped down.
Monday's ruling described de Bourbon's request as "unbridled arrogance and insolence."
"This is the first and last time such contempt of this court will go unpunished," it said.
A spokesman for the union said farmers were surprised and disappointed by the decision.
"The ruling does not seem to be based on the strict application of the law or the rules of natural justice, but on a political argument," the spokesman said.
"We are obviously surprised and shocked by this because this is the highest court. But we hope the government will still find the wisdom to be reasonable," he said.
Judges have been under mounting pressure from the government and ruling party militants. Chief Justice Anthony Gubbay was forced out after the government warned him and other judges they would not be protected from ruling party militants, who stormed the Supreme Court last December.
Don't confuse democrats of yesterday with the socialists of today who have taken over the democrat party, and changed its direction starting in the mid 1960s. - Tom
Adrian de Bourbon, the lawyer for the Commercial Farmers Union, had asked Chidyausiku and two other new appointees to recuse themselves from the hearing, alleging they had shown open allegiance to the ruling party and its land seizures. None of the judges stepped down. Monday's ruling described de Bourbon's request as "unbridled arrogance and insolence." "This is the first and last time such contempt of this court will go unpunished," it said.
Alas for Mr.de Bourbon also,I imagine things will not go well in his future too.
Is dope the ONLY thing you ever think about ?
Mbeki , the president of South Africa, has said he will take over the white's properties, by the end of three years. The black South Africans have killed MORE white farmers, and stolen their land, than the thugs in Zimbabwe have , and not a damned word about THAT has gotten out to the West, in any media.
Mbeki , the president of South Africa, has said he will take over the white's properties, by the end of three years. The black South Africans have killed MORE white farmers, and stolen their land, than the thugs in Zimbabwe have , and not a damned word about THAT has gotten out to the West, in any media.
The white farmers don't have to " salt the earth "; those wh have taken over their lands , don't know how to run the farms ! They are like dogs in the manger ; squating n the lands, destrying the crops, breaking down the fences, so that wild animals come onto the land and infect the cattle with diseases, that make the nonsaable / nonedible. Welcome to the " NEW " Zimbabwe ; the seventh ring of hell!
AfricaWatch:
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EU deadlock with Zimbabwe over elections hardens--[Excerpt]An open letter to Schori published Saturday in The Herald under the pseudonym "Robin C. Hood" accused him of abusing Zimbabwean hospitality.
"As an invitee you may enter someone's home. But the occupant will not invite you if you ... are a notorious neighborhood bully ... You are indeed not a friend of Zimbabwe. I certainly would not invite you to my house," the letter said, using similar language to comments made by government media during the week. [End Excerpt]
Bump!
Orlando Sentinel--Do you support legislation curbing soft money?
Neither of you are apparently capable of seeing the parallels and problems of various wilful authorities who assert their respective political ambitions no matter what the law or Constitutional protections state.
Your slavish toryism is not conservatism in the American sense at all, but merely the New World expression of an age-old human weakness, namely abject fawning towards those that wield the sword. My ancestors kicked your ancestors' *ss, however, thereby making LIBERTY, not CONFORMITY, the reigning principle of New World society.
That you choose to be blind is your prerogative; that, however, confers no right to have your sordid views go unchallenged.
It's not about 'Dope' at all, really; it's about where sovereignty resides. You may take the side of Power, I take the side of Right.
Since your ancestors weren't ever anywhere near my ancestors, your attempt at self aggrandizment, as a " BULLY BOY " , is patently ridiculous. It is also painfully clear that you are obsessed with dope , the WoD, and have absilutely NO lnowledge, whatsoever , about anything pertainig to Africa, Zimbabwe, or her neighboring countries. That you are incapable of staying on topic, and would rather spout your lunatic shibbeloths, debases the importance of this thread.
Just stick to the dope threads, where your pals can can pat you on the back, as all of you form your usual rabid, ferral dog pack, and try to impugn and shred those who aren't moral relativists, like you. Your useless opinions , name calling, and otherwise juvenile behaviours, ill serve most threads, and this forum.
Try reading the AFRICA WATCH threads, before you even think about coming onto another one. That way, you might not look as ignorant as you really are. If you can't stay on topic, your presence is irrelivant , and trying to turn this into a flame war, is not only childish and perverse, it is detrimental .
And now, a general question for everybody:
Can someone please point me to the liberal NGO's that have become exercised about Robert Mugabe's thuggery? Or have rushed to defend the farmers? Anyone?
The USA has sent a written note, stating displeasure and a warning of sorts.
If you mean, has ANYONE done anything , a la what was done to South Africa, then the answer is a resounding !
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