Black Zim farmer granted relief

A SADC regional tribunal based in Windhoek yesterday granted a 70-year-old black commercial farmer in Zimbabwe interim relief against a looming eviction from his farm by that country’s government until a final ruling is made on the matter.

Luke Tembani, who became one of Zimbabwe’s first black commercial farmers 24 years ago, bought the land with his own money, but faces eviction on May 21 after the government sold his farm to recoup a loan. His farmworkers and their families must also leave the farm by then.The full bench of five judges of the SADC Tribunal, chaired by Justice Ariranga Pillay, had to postpone the hearing as the Zimbabwean government, as the respondent, did not file a replying affidavit and also objected to the hearing of the application. Justice Pillay dismissed the objection with costs to the Zimbabwean government. ‘However, in the name of justice, the Tribunal will allow the respondents to file their replying affidavit within seven days. The case must be heard as quickly as possible and this will be on June 4 this year,’ Justice Pillay ruled yesterday. Tembani’s senior counsel Jeremy Gauntlett then asked for an interim protection order for the farmer so that he and his family could remain on the farm in the meantime.’The Tribunal grants the interim relief so that no interference may take place with their peaceful stay on the farm or any eviction until the application is heard and determined,’ Pillay stated. Tembani, who was not present in Windhoek yesterday, had taken a loan from the Agricultural Bank of Zimbabwe (ABZ) over ten years ago to increase his production. He defaulted on part of his loan repayments when interest on loans soared since 1997, when Zimbabwe’s economic crisis unfolded. ABZ could not give Tembani exact figures of how much he owed, as he wanted to sell a small portion of his farm to clear the loan, which was approved. According to the application brought before the SADC Tribunal, ABZ sold Tembani’s entire farm for 6 million Zimbabwe dollars in the year 2000 without a court procedure. He exhausted all legal avenues in Zimbabwe to reverse the sale and has remained on the farm to date. Jeremy Gauntlett and Frank Pelser represented the farmer, while Nelson Mutsonziwa appeared for the Zimbabwean government, with that country’s Deputy Attorney General, Prince Machaya, also present.