SW Radio Africa (London)
Violet Gonda
8 April 2008
analysis
At the opening of the 'Stakeholders Summit' in Harare recently Dr. Albrecht Conze, the German Ambassador to Zimbabwe, said securing donor and investor confidence hinged on the issue of respect for property rights. He warned that countries far bigger than Zimbabwe have broken down in the 20th century because their ideology had abolished respect for property rights and that the continued farm disruptions are sending out the wrong message to the rest of the world.
He said: "This may be an internal affair as long as legislation and practice only affect citizens of this country. But it becomes a bilateral issue for all those countries that have concluded investment protection agreements with Zimbabwe, and whose investors are being unlawfully molested and disrupted in their business affairs."
The Ambassador's comments were echoed on Monday by a group of 22 top South African business leaders from the mining, agriculture, financial, pharmaceutical and construction sectors, who were in Zimbabwe to explore business opportunities.
Patrice Motsepe, a South African mining tycoon and billionaire, led the delegation that met with the Zimbabwean leadership, including Robert Mugabe, Finance Minister Tendai Biti and Deputy Prime Minister Arthur Mutambara.
The South Africans said they are very interested in investing in Zimbabwe, but wanted guarantees of property rights. The business delegation urged the Zimbabwean authorities to sort out this issue, as it was at the root of attracting much needed investment.
The South African Business Day newspaper reports that the Zimbabwean hosts, admitted to some problems on the farms, saying there had been 'a few incidents in the past few months' since the installation of the inclusive government, but this was 'out of the norm' and all parties had agreed to stamp out illegal land occupations.
The government told the high powered business delegation that it is committed to protecting investments and that the Zimbabwean economy is ready for investment.
However the government is once again ignoring the facts on the ground where the commercial farming community, including helpless farm workers, continue to be at the receiving end of state sponsored and state backed violence, and that it has been ongoing for a decade. There have not been just 'a few incidents' with at least 120 farmers currently under threat, and it is certainly not 'out of the norm'.
The government has been severely criticized internationally for ignoring all bilateral agreements, which has seen a number of farmers protected under the Bilateral Investment Protection Agreements being prosecuted and illegally evicted.
Commercial farmers also say the refusal by the Zimbabwean government to abide by a SADC tribunal on land, which protects them, is indicative of the complete breakdown of the rule of law. The regional body ruled late last year that the land invasions are illegal but the government, and Mugabe in particular, has encouraged the farm invasions to continue, saying the tribunal has no authority over Zimbabwe.
Nonetheless Business Day is also reporting that an investor protection agreement between the South African and Zimbabwean governments is expected to be signed in a few weeks time. It is understood the agreement would provide for recourse and compensation for any loss of investment.
Observers say Mugabe has never abided by any agreement, nor paid any compensation for previous loss of investment, business investors will clearly remain very wary, until they see real change happening on the ground.
Engagement with the international community depends on how the new coalition will deal with private property rights and land tenure and that reforming draconian laws such as the Access to Information and Protection of Privacy Act and the Public Order and Security Act are only part of the challenge.
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