War Vets Suffer Blow in US$3,5bn Case
The High Court has dismissed an application by a group of war veterans challenging a government programme to pay US$3,5 billion compensation to white former commercial farmers.
The war veterans argued that the compensation deed signed between the government and the white former farmers was unfair, cruel and tantamount to degrading treatment of blacks by erstwhile colonisers.
The application was filed by war veterans Amos Sigauke, Kossam Mutsinze, Shoorai Nyamangondo, Daphine Kanoti, Dadirai Njitimana, Reiben Zulu, Joseph Chinguwa, Hazvinei Machingura, Cairo Mhandu, Digmore Ndiya and Godfrey Gurira.
They cited Lands, Agriculture, Water, Climate and Rural Resettlement Minister Anxious Masuka and his Finance counterpart Mthuli Ncube, the Commercial Farmers Union, South African Commercial Farmers Alliance and Valuation Consortium (Pvt) Limited as respondents.
In the application heard by High Court judge Justice Rodgers Manyangadze, the war veterans were seeking an order declaring compensation to white ex-farmers invalid.
They were seeking that any such payment be done through an Act of Parliament.
The ex-combatants also wanted an order stopping the Finance and Agriculture ministers from entering into binding instruments over Zimbabwean land without consulting citizens and chiefs.
An agreement to compensate the white former farmers for seized land was signed in July 2020.
The deal provides for compensation for improvements done on acquired land.
The war veterans argued that the agreement was discriminatory and favoured white former farmers to the disadvantage of the black indigenous race.
The war veterans were also seeking compensation for what indigenous black people went through during pre-colonial, colonial and post-colonial Zimbabwe.
An estimated US$3,5 billion is needed to compensate the white ex-farmers, with war veterans arguing that government does not have the money hence may be forced to pay with land.
The respondents, however, said there was no legal basis for wider consultation with citizens, chiefs and mhondoro (spirit mediums) ahead of any compensation.
They submitted that there is no basis for compensation of indigenous black Zimbabweans covering the entire pre-colonial, colonial and post-colonial periods.
Justice Manyangadze concurred with respondents.
“While the country’s history is to be cherished, as it shows how the imbalances in land distribution were created, it was not necessary for the applicants to dedicate almost the entire founding affidavit to this history,” the judge reacted.
He said the application did not have merits.
“It is, therefore, improper and fatally irregular for the applicants to approach the court in their individual interest, in the interest of the public and in the interest of the generality of their members, all at the same time,” Justice Manyangadze said.
“Based on the fatally defective pleadings, the application cannot be upheld. The proper course of action is to order that it be struck off the roll.
“However, in case I am wrong in adopting this approach, it is my considered view that the application still fails on the merits.”
The judge said it was not correct that the agreement to compensate the white former farmers violated section 295(4) of the Constitution.
“The application be and is hereby dismissed. There is no order as to costs,” the judge ruled.
So we are looking at ways to approach the constitutional court on this what`s your opinion
The comments of the judge are also of concern particularly where he says "there is no basis for compensation of indigenous black Zimbabweans covering entire pre, colonial and post periods" and also that there was no legal basis for wider consultation.
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Reginald Austin, Racism and apartheid in southern Africa: Rhodesia: A book of data (Paris: UNESCO Press, 1975)
Photo: Zimbabwean farmers confronting colonist, 2020. Source: Reuters.
