'If we lose this case, it will be game over ...'

The coffee, paprika and tobacco need attention, but a legal battle to keep farming prevents Sharon Kockott and her husband from getting down to work on their land in Zimbabwe

A deadline for most white commercial farmers in Zimbabwe to stop work expired at the beginning of last week. In just over another month, they are supposed to leave their land altogether, but many are staying put.

Andrew Kockott and his wife Sharon bought their farm in the Hurungwe district of northern Zimbabwe in 1995. They grow tobacco, coffee and paprika under irrigation, and run cattle and game. Although the authorities issued a "Certificate of No Interest" in the property seven years ago, and a government-backed bank supplied the finance, the Kockotts, in common with other white farmers, have received an expropriation order, which they are fighting in court. This is Sharon Kockott's diary of their week:

Monday

We have been very fortunate in that we have never had any settlers on the farm, unlike many in our district. We have not been prevented from farming, but since our case was due to begin in the High Court in Harare, we did not work on the farm. Instead we went to the capital to bring our daughter home from university for the holidays, and to ask our lawyer how things were going. He told us that the case began at 8.30am before Justice Hungwe, and seemed satisfied with the way things went.

Our case is based on the fact that neither of the documents connected with the expropriation – known as a Section 5 and a Section 8 – were served on the bank which holds the mortgage over our farm. This is a technicality, but we hope it will give us some time, as the Section 8 would have to be set aside. There is another group of farmers challenging the government on constitutional grounds, but they have not yet had a date set in court.

Part of our land, which just happens to include our homestead, has already been allocated to a Philip Muguti from Kariba, who first arrived last year in a brand new pickup truck with a Zanu-PF logo on the side. He told us he had interests in off-licences and supermarkets in Kariba, and suggested that Andy should carry on with his tobacco seedbeds. Andy pointed out to him that we were contesting the compulsory acquisition in court, and were confident of winning, so Mr Muguti should not make any hasty investments.

Tuesday

The lawyer was called into chambers for clarification of certain points. Again, we did not work, although the coffee and paprika should be reaped.

The coffee needs water – it is already drying out. We have till the end of the week to get the paprika off, because the law says the crop residue has to be destroyed by 1 July As for the tobacco, we have 80,000kg in the shed which we have not started grading, because we have been too busy with the coffee and paprika.

Wednesday

Again we are not working. Our case was mentioned in the government-owned Herald, and an agricultural official arrived, no doubt as a result, to tell us that a reallocation had been made which would leave us with none of our land. Our lawyer filed his heads of argument by noon – the respondents have until 4pm. We are still waiting: the story of our life in Zimbabwe.

Farmers have been to Zambia, Mozambique, Tanzania and Uganda to look into possible relocation. They come back saying that they were made very welcome and that these countries are eager for investment, but that the infrastructure in these countries leaves a lot to be desired unless you are close to a major town. I find myself at the age where my pioneering spirit is rather low.

Thursday

We had a power cut for most of the day, which I spent catching up on filing and restoring order to my office. Andy was bored to distraction – he is not good at being inactive. He went to Tengwe, the nearest town, later for our weekly sitrep by the Farmers' Association chairman, which keeps everyone posted on what's happening around the country. We have to notify the police four days in advance if a meeting is being held.

When we phoned the lawyer, he said the respondents had filed their paperwork on time. The judge had indicated that he would try to have a ruling by the weekend.

Friday

We went back to Harare to see the lawyer again, but by the end of the day we still did not know our fate. It remains to be seen whether Justice Hungwe will rule for us or against.

If we lose this case, it will be game over for us on the farm. We cannot defy a High Court order. If we win, it will have huge implications for all people in our position, because the courts will be flooded with applications on the same precedent.

Given the political and currency difficulties, not to mention the drought, there are very few cash farmers left in Zimbabwe. Commercial agriculture is on its knees in more ways than one.