Facing Up To Thieves
Farmer challenges legality
of land grab laws

31^st March 2007

A British farmer in Zimbabwe has launched a legal challenge to the government's land reform programme that has forced out thousands of fellow white farmers.

The landmark case in the country's Supreme Court will decide on the legality of a constitutional amendment, which gives the government the right to nationalise private farmland with the stroke of a pen.

For Ben Freeth, his wife and three young children, the case is their last hope of stopping President Robert Mugabe's propaganda chief from seizing their fruit farm.

Mr Freeth, 37, was born in the Isle of Sheppey, Kent, and moved to Zimbabwe in 1996 where he settled down with his Zimbabwean wife, Laura, on her family's Mount Carmel farm, 70 miles southwest of Harare . The farm is the country's biggest producer of mangoes and has supplied Marks & Spencer. But for the last 18 months the Freeths have been in a tug-of-war over the farm with Nathan Shamuyarira, the 77-year-old information minister.

After Mr Freeth refused an offer to share his farm, his safari lodge and farm buildings were burned down. Last month there was a raid on his farm by 30 thugs. "They forced their way into the house and took a camera away from my wife who was taking pictures of them," Mr Freeth said. "They said they'd come to take the farm by force. I replied that we'd fight them with the law, the press and prayer. I said that if the minister wants to take the farm he will have to come and shoot me first."

It was only the arrival of police - a rare event in Zimbabwe 's land disputes - that caused the trespassers to leave. Since the land invasions began in 2000, the number of commercial farmers has fallen from around 4,500 to 400. The amendment in 2005 made it even easier to redistribute private land under the law.

"Since that amendment we are all now on state land and anyone on state land without authority from the minister can be put in jail for two years," said Mr Freeth.

By Tom de Castella - The Telegraph