Zimbabwe: black farmer evicted despite Tribunal ruling
20th October 2009
HARARE – A pioneering black Zimbabwean commercial farmer has been evicted from his farm in defiance of a Southern African Development Community (SADC) Tribunal ruling barring his eviction.

Mutare Deputy Sheriff, identified as Dzobo, last week evicted Luke Tembani from his farm, known as the Remainder of Minverwag of Clare Estate Ranch, which he has occupied since 1980.
Tembani had appealed to the regional SADC court when he was due to be evicted on May 21 by the Agricultural Bank of Zimbabwe (Agribank) which wanted to sell his farm to recover money he owes the finance house.
Trouble for Tembani arose after he failed to make repayments when interest rates soared in 1997. But the Tribunal said the Agribank had failed to provide the exact amount which Tembani owed.
The farmer had requested the figures as he wanted to sell off a small portion of his farm to clear the loan.
The Tribunal ruled that the repossession and sale of the farm by Agribank was “illegal and void”.
The Windhoek-based regional court also ordered the Zimbabwe government to take all the necessary measures through its agents from evicting Tembani or his family from the property and to stop interfering with his use and occupation of the property.
But the 72-year-old black commercial farmer was evicted last week to make way for Takawira Zembe who claims to have bought the farm from the financial institution.
Tembani’s eviction brings into question the authority of the SADC Tribunal whose ruling last November declaring President Robert Mugabe’s chaotic and often violent land reforms – which saw white-owned farms seized and parcelled out to landless blacks – racist and illegal under the SADC Treaty has been disregarded by Harare.
White farmers continued to lose their properties after the Tribunal ruling and in August Justice Minister Patrick Chinamasa wrote to the Tribunal informing the regional court of Harare’s decision to withdraw from cases brought against the government by former white farmers who lost their properties in the controversial land reform programme.
Chinamasa informed the Tribunal that Harare would recognise its authority only after a protocol establishing the court was ratified by at least two-thirds of the 15-nation bloc’s members as is required under rules and procedures governing the regional grouping.

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