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Wednesday, 3 October, 2001, 07:34 GMT 08:34 UK

Court backs Mugabe on land reform


Squatters on a white-owned farm last year
Ruling signals green light for land confiscation
The Supreme Court in Zimbabwe has given permission to the government to continue with the redistribution of white-owned farm land.



I believe we no longer have an independent judiciary
CFU lawyer Adrian du Bourbon

It is still to deliver its final judgement on whether the land reform programme complies with the law but the judges have ruled that in the meantime, the government can acquire white-owned farms.

Zimbabwe's Justice Minister Patrick Chinamasa welcomed the decision and says the reforms will continue within a week.

He also denied that the ruling had been made by judges sympathetic to President Mugabe.

But the BBC's Southern Africa correspondent Barnaby Phillips says the manner in which the Zimbabwean Government has interfered with the judiciary means this is an extremely contentious decision.

But he says it is nevertheless a significant victory for the Zimbabwean Government.

It means that President Robert Mugabe can now argue that his land reform programme is legal, in compliance with international demands.

Unprecedented

The legal representative of the Commercial Farmers Union has described the decision as unprecedented.

Former Chief Justice Anthony Gubbay

Adrian du Bourbon told the BBC that the government now has a free-hand to do what it wants with thousands of farms

He said the ruling has left the impression the court does not recognise "that there is a break down of law and order" on white-owned farms.

Supporters of President Mugabe, the self-styled war-veterans, began their illegal and violent land invasions in February last year.

British money

Many black and white people who opposed the invasions have been intimidated, beaten up killed or have had their properties looted.

Last month, in an agreement with the British, at a Commonwealth ministers meeting in Abuja, Nigeria, the Zimbabwean Government promised not to violate the law, whilst redistributing white-owned land.

Farmer inspects looted property

The British agreed to source finance for a legal and orderly land reform programme.

But in practice the government has ignored that ruling and violent invasions of farms continued.

Last year the government and its war veteran supporters put pressure on the country's Chief Justice and three judges to resign and replaced them with those widely seen as more sympathetic to Mr Mugabe.

The courts had consistently upheld the rights of white farmers in rulings which had caused considerable embarrassment to the government both at home and abroad.

But orders for the police to evict the invaders have rarely been obeyed.


Related to this story:
Zanu-PF ups pressure on judges (10 Feb 01 | Africa) Zimbabwe resolves judge row (02 Mar 01 | Africa) New top judge in Zimbabwe (13 Mar 01 | Africa) 'Democratic' constitution for Zimbabwe (28 Sep 01 | Africa)


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