Zimbabwe’s judges rapidly rule for land grab

Four judges recently appointed to Zimbabwe’s highest court issued a snap order today allowing the government to proceed with the seizures of white-owned farms.

The interim order was issued two working days after the conclusion of the court hearing, a record in a country where Supreme Court rulings routinely take at least six weeks.

‘‘I believe we no longer have an independent judiciary,’’ said Adrian de Bourbon, lawyer for the Commercial Farmers Union, which represents the country’s white farmers.

De Bourbon said he submitted his last written argument to the court Friday and was informed on Monday an order would be issued today.

‘‘It leaves one with the suspicion that argument was not even considered,’’ he said in Harare.

At a brief hearing, Chief Justice Godfrey Chidyausiku said four of the five Supreme Court judges that heard the case agreed to the interim ruling permitting the government to call hearings of the administrative court to confirm farm confiscations under its ‘‘fast track’’ land seizure laws.

Last December, five other Supreme Court judges put those hearings on hold after ruling the land seizures breached the government’s own land acquisition laws.

That ruling also ordered the government to restore law and order in farming districts and to submit a lawful land reform program to the court by July 1.

Ruling party militants have occupied more than 1,700 white-owned farms across the country since March 2000, and the government has earmarked 4,500 white-owned farms to be seized and redistributed to blacks.

Last month, the government asked the Supreme Court under Chidyausiku sworn in as new chief judge in August to strike down the December ruling.

The interim order means the government can legally confirm land confiscations at the administrative court and then give landowners a 90 day deadline to leave their properties.

Around 800 confirmation hearings were put on hold by the Supreme Court’s December order.

Former Chief Justice Anthony Gubbay was forced to take early retirement following the December land ruling. The government also expanded the Supreme Court bench from five to eight judges in a move seen as a bid to pack the court in the state’s favour.

Chidyausiku chose the three newly appointed judges seen as favourable to the government to hear the government’s case alongside him and Ahmed Ebrahim, one of the five other judges who ruled against the government in December.

The chief justice normally picks a bench of three to five justices to hear any one case.

Today’s ruling said the court’s interim order did not ‘‘prejudge’’ other issues raised in the case and a main ruling would be issued later.

De Bourbon said he tried today to seek an adjournment to consider challenging the interim order but was overruled by Chidyausiku without being allowed to argue any points.

‘‘In our view, you cannot give an interim order of this nature without forming a view on the main issues including the rule of law’’ in farming districts, he said.

‘‘All the white farmers want is for matters to be done in terms of the law. Today’s ruling infers the court does not acknowledge there is a breakdown in the rule of law’’ as the previous bench had, de Bourbon said.

The farmers union had accused Chidyausiku of bias as an outspoken ruling party supporter and asked him to excuse himself, which he refused to do.