Opinion / Columnist
The Zimbabwe Land Issue - the Truth - the Only Reasonable, Just and Fair Solution
20 Apr 2013 at 18:19hrs | Views
The word justice refers to being right and fair. And thus this is the most appropriate word to use in discussing legality concerning the cliff hanging issue of 'THE ZIMBABWE LAND ISSUE'.
The other word(s) which cannot be avoided is/are the term(s) 'adverse occupation' and 'adverse possession'. It is embodied in the history books that in the late 1800, the English white settlers arrived in Zimbabwe. Upon their arrival they used force to take over the land which was occupied by the indigenous black Zimbabweans. They displaced them. This form of occupation is what is called in legal terms 'adverse occupation'. Of course, some land was not occupied in some areas in Zimbabwe, but was reserved for hunting and grazing. This means that even though the land in question was not occupied by anyone, it still belonged to another in terms of law as it was given to the people by their chief.
The settlers settled on some of such lands. This amounted to 'adverse possession' as the land belonged to another but the other had shown by action an intention to occupy. The occupation of the whole country and the establishment of British government for governance purposes by then came to be called colonisation. This occupation by the English was derived from their policy of 'territorial aggrandizement'. The same policy was pursued by the Dutch in South Africa.
THE ONLY REASONABLE, JUST AND FAIR SOLUTION. The ZIMBABWE white farmers have a premafacie case against England. That means legal wise they have a good cause to instigate civil legal proceedings against the Government of England for the land which was redeemed by the black Zimbabweans. This means that they can claim compensation for the land redeemed. More important, is that there is written evidence from the England government which states it clearly that she was going to pay compensation to the Zimbabwe white farmers. The late Baroness Thatcher was the English signatory by the time the agreement was entered into, between Zimbabwe and her country (fact). Since the agreement is enshrined in authentic government documents, the Zimbabwe white farmers can use that as their legal premise to pursue their case successfully in any competent court. They can file their case in any jurisdiction in the world. At the moment England is being run by David Cameron and his deputy Nick Clerg.
The gentlemen in question seem to be very intelligent and rational in the way they handle foreign issues. They delegated a very intelligent foreign policy minister [Mr Hague]. The farmers need to make a submission of their former farms including their current value. This will help them to get good compensation. They can begin by using the Alternative Dispute Resolution [ADR]. If the negotiations do not yield any dividends, then they can pursue their case in the English courts or in any jurisdiction of their choice. Once they exhaust all avenues in the English courts ,then they can take it to the Human Rights Court. The Zimbabwe white farmers need to appoint a mediator. This can be protracted legal battle, but there is a possibility of them getting their desired compensation.
I hope that my suggestion will be considered by those affected. I am only trying to be a brother's keeper since the affected people are Africans like me. Let no one misconstrue my suggestion, for i did not write it to favour any party in this case nor with a prejudiced mind. I am being impartial in this case. This is only, but the truth ,the whole truth in the eyes of international law and in the eyes of any reasonable person.
The other word(s) which cannot be avoided is/are the term(s) 'adverse occupation' and 'adverse possession'. It is embodied in the history books that in the late 1800, the English white settlers arrived in Zimbabwe. Upon their arrival they used force to take over the land which was occupied by the indigenous black Zimbabweans. They displaced them. This form of occupation is what is called in legal terms 'adverse occupation'. Of course, some land was not occupied in some areas in Zimbabwe, but was reserved for hunting and grazing. This means that even though the land in question was not occupied by anyone, it still belonged to another in terms of law as it was given to the people by their chief.
The settlers settled on some of such lands. This amounted to 'adverse possession' as the land belonged to another but the other had shown by action an intention to occupy. The occupation of the whole country and the establishment of British government for governance purposes by then came to be called colonisation. This occupation by the English was derived from their policy of 'territorial aggrandizement'. The same policy was pursued by the Dutch in South Africa.
The gentlemen in question seem to be very intelligent and rational in the way they handle foreign issues. They delegated a very intelligent foreign policy minister [Mr Hague]. The farmers need to make a submission of their former farms including their current value. This will help them to get good compensation. They can begin by using the Alternative Dispute Resolution [ADR]. If the negotiations do not yield any dividends, then they can pursue their case in the English courts or in any jurisdiction of their choice. Once they exhaust all avenues in the English courts ,then they can take it to the Human Rights Court. The Zimbabwe white farmers need to appoint a mediator. This can be protracted legal battle, but there is a possibility of them getting their desired compensation.
I hope that my suggestion will be considered by those affected. I am only trying to be a brother's keeper since the affected people are Africans like me. Let no one misconstrue my suggestion, for i did not write it to favour any party in this case nor with a prejudiced mind. I am being impartial in this case. This is only, but the truth ,the whole truth in the eyes of international law and in the eyes of any reasonable person.
Source - Njabulo
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