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A white farmer is set today to become the first member of his community to be jailed for challenging President Mugabe about the right to continue producing food in a country stricken by shortages.
Deon Theron, 53, has reached the end of an extraordinary trial in which, his lawyers say, he has been denied basic justice by court officials desperate to score political points before the most important elections for Zimbabwe since independence in 1980.
On Tuesday, after what little evidence in the trial had been presented, the Harare magistrate refused to allow the lawyer of Mr Theron to deliver his closing submission and answer accusations that her client had occupied his farm illegally after it was declared state property. Instead, he summarily found Mr Theron guilty, stating that he had “blatantly” defied the law.
“I haven't come across a trial like this since independence,” Sheila Jarvis, the lawyer for Mr Theron, said.
Mr Theron has a herd of 400 dairy cattle on his 400-hectare farm in the Beatrice district, about 70km south of Harare. It supplies 8,000 litres of fresh milk to Harare — 2 per cent of the daily consumption of the capital — every day. Milk is scarce in the supermarkets and has to be bought at exorbitant prices on the black market.
Another 12 dairy farmers in the district are being hounded by ruling party apparatchiks trying to grab their farms, livestock and houses.
Mr Theron, a Zimbabwean-born Afrikaner, is a vice-president of the Commercial Farmers' Union. The union used to have 4,500 members, mostly highly productive white farmers. Since Mr Mugabe began to seize land forcibly in 2000 only 600 remain. Nearly all of those are harassed constantly as they struggle to produce food while the Government, which is in effect bankrupt, cannot meet payments to pay for grain imports from neighbouring countries.
His “illegal” occupation of the farm that he bought in 1984 carries a sentence of up to two years in prison. Elias Musakwa, a senior central bank official, claims that he has been allocated it by the Government — in addition to a sugar farm he was given. Mr Musakwa, a parliamentary candidate for Zanu (PF) in the elections on Saturday, has threatened Mr Theron and Martha, his wife, repeatedly, sent dozens of militiamen to harass him and his workers and put up a tent next to the farm's home, claiming that soldiers were about to move in.
Soon after Mr Musakwa arrived last October Mr Theron was charged under one of the many new laws that have eroded the rights of white farmers.
It was revealed that the first magistrate in the case had taken over a white-owned farm. The second told Mr Theron in court - before the trial had begun — to “face the music for your illegal occupation of the land”. The third magistrate has refused to allow the defence team of Mr Theron to present evidence or call witnesses.
“The prosecutor was allowed by the magistrate to interrupt continuously,” Mrs Jarvis said.
“About 90 per cent of the record is objections, allegations and counter allegations from the prosecutor. Every application we made has been ignored. It was just ‘another application from a stupid, white farmer'.
“You can only make this kind of decision if you presume the man is guilty,” she added.
Polling day
— Counting will begin immediately after voting ends at 11,000 polling stations at 7pm on Saturday
— 5.9 million people are eligible to vote
— A results sheet will be attached to the doors of the polling stations for public inspection. Results are sent to a constituency central station for collation, then to Harare for public announcement
— Final results should be announced by Sunday or Monday
— In the presidential election, contested by Robert Mugabe, Morgan Tsvangirai and Simba Makoni, if the winner fails to take more than half the votes a second round will be held between the candidates with the most votes
— Parliamentary and council elections are decided by simple majority. Parliamentary elections are for the Senate (60 seats contested) and the House of Assembly (210 contests). In the local elections 1,958 places are being contested
— Polling stations will have four translucent ballot boxes, one each for presidential, senate, assembly and council contests
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The land was taken from the Zimbabweans and now their taking it back. I think some people might call this Karma.
Simon Benett, London,
only the white farmers can farm properly , the black farmers just ruin everything , pack up & leave & let them get on with it ,
they will sonn realise how usless they are
martine tyler, london,
Just a sad commentary on the state of Zimbabwe.The fruitful Zimbabwean Farming community has been ethincally cleansed . It is now being dined on by Mugabe's vultures.
To all Zimbabwean farmers- This is an open call to Immigrate to Canada. The fruits of your hard work will be appreciated here. God bless your future.
Rene Chauvin, Toronto, Canada
When ever one buys a piece of land especially when it is over 100 hactares, solicitors and estate agent should have checked the owners of the land for the past 100 years. Surely Theron should have known it that he was buying a stolen property stolen by Cecil Rhodes and allocated tthe settlers. Anywhere around the world if you buy a stolen property you a thief as well, do not confuse yourself in thinking that people who are producing should be allowed to stay on the property. Are they the true onwers of the land, if they are not why are they having sleepless nights when they truely know that they are not the true onwers of the land.
How many black own more that 400 hactares of land in UK or in the EU, blacks are cramed in cities paying expensive mortgage month after month. Wake up Africans control your resources, China is successful because they control their resources. foreign Investors can come as partners not 100% onwers just like in America, 75% of the business is controlled by
Mwana Wevhu, London, UK
Could someone say something about Sir Mark Thatcher as well !
anne, nakuru , kenya
racism is among us daily,in our mind and heart. our feelings cling to it. . how to live with it? be tolerant,allow anyone to be him-herself,honour her,him,no denial of her,his dignity because of race.god has 3 persons,there is some similar thing as racism in god,but it doesn`t split his unity,so we are his image,let us be human,plz.godlike too.
hubert kleinlercher, bulawayo , zimbabwe
The report said that Mr. Theron bought his farm in1984, FOUR years after independence, so he must have had title issued by the ZANUPF land officials. To whom did he pay the money to, another farmer, or did he by land from the government? Nevertheless, another brainless move by zanu, to bankrupt another productive farm that feeds their starving people, by giving it to a "senior central bank official" in addition to the sugar farm that some other minister already gave him. With goings on like these how can anyone actually feel as if they can do anything for that country, by helping, donating, or other means. I for one have washed my hands of Zimbabwe.
Chris Nolan, San Francisco, CA,
Ownership of land should depend on who is best able to produce food from it and in ZImbabwe is has been proven that the new (black) owners are incapable of using he land properly as the food situation shows. The government in Zimbabwe must stop using land as a political pawn and leave it to the people who can provide for the poor people of Zimbabwe who only want the basic necessities to be provided and are not bothered who delivers it. Like most conflicts across the globe the many suffer from the selfish grabbing of the few who are only interested in themselves and don't care who they tread on to achieve it.
Rachel, lowestoft,
Todd...you're grossly mistaken! What you don't realise is that this so-called 'white thief' is in fact an African, as much as his fellow Africans who have black skin. He has been born and bred in Zimbabwe and is fighting for his land because he loves it. Can't you recognise that? Despite everything he is sticking close to the place where his heart is: in Zimbabwe.
I completely empathize with the fact that many black Africans have felt disenfranchised and oppressed. And I fervently hope that Africa realises its full potential after many years of exploitation. However, pointing fingers and encouraging violent, divisive politics will only engender further enmity and keep old wounds alive and festering.
On another note, as someone from an entirely different continent I find your comments incredibly naive and childish in nature. If you were in his shoes, then I'm sure you'd be singing an entirely different tune!
Candice, Johannesburg, SA
If this had happened to a Black farmer in the former Rhodesia or SA before 1994, it would have made world headlines. Now it barely reaches the news. The irony is that Aid Organizations are now appealing for us to contribute to feed the starving people of Zimbabwe. Go figure. Madness. At least they can vote, right?.....
GK, Calgary, Canada
Whites stole the land in Zimbabwe. This is the reason blacks are taking it back! This farmer should be thrown in jail if he refuses to leave the land, whites can't own everthing in the world. The land in Africa was a gift from God and whites are morally wrong to continue to dominate in Africa. South Africa and Namibia will be next in line but the situation in these countries will make Zimbabwe look like a picnic. Whites must learn to share the land with the black majority or they will perish as fools. The longer whites delay in sharing the land in Africa, the more hate will stir in the Africans hearts against them. This is my take of the situation and I don't live in Africa. I'm black American and I have never step foot on African soil but I have the benefit of knowing native blacks from Africa.
todd kidd, new orleans, usa/louisiana
So it's okay to be racist to white people, but it's not okay to be racist to black people? Hmm. I see a problem here...
Neil S, Glasgow, Scotland
My Dad and his black,white and brown pals were all either banged up or had to run from incarceration way back in Northern Rhodesia because they refused to toe the tyrants line.
I would so much rather Deon was back at home on his farm with his family, they are African regardless of their colour or ethnic ancestry, but everyone ought to realise that when colonialism ended no one was actually freed.
The opnly change across Africa has been the tyrants skin colour.
Ask yourself a simple question - 'what gives thast Shona man Mugabe the right to rule over the Ndebele, my Tonga and all the other nations that live in the former Rhodesia.
Mugabe and his socialist disaster are just the same colonialist master as Smith and Welensky were.
Ian, London,
Maybe all the Black people from Zimbabwe living in Britain should have laws passed against them being allowed to own property and businesses. How many slimy and contemptible 'Human Rights' solicitors and lawyers would come crawling out from under their rocks to cry "Racism", the same ones that have remained silent over the crimes committed in Zimbabwe against white people?
White hate crime is not illegal though I guess. In the eyes of many, including our own government, it does not exist.
J Roberts, Manchester, UK
The people who bring about a revolution should never be allowed to rule afterwards for they are good only for destruction, which is necessary in times of revolution. This is the case in Zimbabwe. It is very sad that reverse racism is tolerated by the world at large and the international community are not doing or saying enough. There are 4 million Zimbabweans living in South Africa. It does not take a genius to determine whether this is a good or bad situation. Africa would be far worse off without white people. Maybe the leaders are trying to return Africa to the state it was in before the colonialists arrived and did things like build roads and harbours. Go Figure
Joe Baker, Cape Town, South Africa
Hello and wake -up Africa is NOT a Black Peoples Country it is a continent that is part of the global land mass occupied by human beings of all shades of colour. There are black people born in London who are English - there are white people born in Zimbabwe who are Zimbabweans.
Why Why Why does the European Union, the States (the world community cry shame about Tibet & China and says nothing about the crimes of Mugabi!!!!!!!!!!!!!!!!! Racialism Racialism in its most blatant form.
steve carr, Arusha, Tanzania
And, of course, who is crying aloud for the rights of these white farmers? No one.
Racism is not merely a white problem, and the fact that "progressive" white liberals ignore outrageous expressions of black-on-white racism is just grist for the mill of indifference to black poverty and active resentment against blacks generally.
J Cline, Seattle,
If Any European judge said "stupid Black Farmer" then there would a world wide outcry.
Insult white people's race and all the African, Asian and Latin American countries are silent.
Seems that some people are more equal than others and that the world has forgotten how many White members of the Anti-Apartheid movement there were.
Alisdair Budd, Southend, UK