VZCZCXRO7210
PP RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0972/01 2131613
ZNR UUUUU ZZH
P 011613Z AUG 06
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC PRIORITY 0451
INFO RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY

UNCLAS SECTION 01 OF 03 HARARE 000972 
 
SIPDIS 
 
SIPDIS 
 
EB/OIA:JAMES ROLLENS, L/CID:EEDAUGHTRY, M/R:MCOFFEY, 
AF/EPS:AADLER, CA/OCS:EBETANCOURT, EB/CBA:NSMITH-NISSELY, 
SCA/RA:LBLEE, USDOC:ELEVY, TREAS:GCHRISTOPOLIS, H:ABOTTI, 
S/ES-O:CRTRIBBLE, USTR:EDUNLAP, OPIC:RHORANBURG 
 
E.O. 12958: N/A 
TAGS: EINV KIDE OPIC CASC PGOV
SUBJECT: 2006 REPORT ON INVESTMENT DISPUTES AND 
EXPROPRIATION CLAIMS-ZIMBABWE 
 
REF: STATE 060294 
 
¶1.  The US Government is aware of eight (8) claims of US 
persons which may be outstanding against the Government of 
Zimbabwe (GOZ).  All eight claims arise out of the GOZ's Land 
Resettlement Program, which commenced in 2000.  The general 
pace of land seizure has slowed, as very few non-indigenous 
commercial farmers are left on their properties. 
Nevertheless threats of seizure by individuals and government 
officials are unabated and disruptions to the operation of 
the remaining non-indigenous commercial farmers are frequent. 
 In the past year, the case of one additional American 
property owner (Claimant H) who has been threatened with 
expropriation came to post,s attention. 
 
Under its continuing Land Resettlement Program, the GOZ has 
targeted almost all farm or wildlife property owned by 
non-indigenous landowners for compulsory acquisition.  The 
GOZ has consistently maintained that no compensation will be 
made for land itself, but that compensation will be made for 
improvements to the property.  However, to date, the GOZ has 
not compensated any American claimants for either acquired 
property or improvements to property.  Disruptions posed by 
land reform and the economy's generally chaotic conditions 
complicate meaningful valuation of the land or of any 
improvements made.  However, the values of the eight American 
citizen claimants properties at issue range from $100,000 to 
more than $2,000,000. 
 
In 2005, Parliament amended the constitution to grant title 
to the government of all agricultural land acquired in the 
past under the land reform program and any agricultural land 
that may be acquired in the future.  The amendment removed 
the right of landowners, whose land has been acquired, to 
challenge the acquisition in court.  There has been no 
progress either on the ground or in the courts to resolve 
compensation issues for the American-owned properties. 
Because of judicial and political chaos during the land 
seizures, it is difficult to state precisely when most of the 
eight landowners were legally dispossessed.  Therefore, the 
dates of expropriation offered below are approximations only. 
 
 
All eight properties have received either Preliminary or 
Final Notices of Acquisition from the GOZ.  Most of the 
American citizens affected have not asked the Embassy to 
intervene beyond raising the issue of compensation with 
appropriate GOZ officials in our normal course of meetings 
and through diplomatic notes. 
 
¶2.  Claimant List 
 
a.  Claimant A 
 
b.  2002 
 
c.  Claimant A reported that his property had been invaded by 
approximately eight war veterans, and that a prosperous and 
connected Zimbabwean was grazing his cattle on the property. 
Approximately 60 sables had been released from a grazing pen 
and had subsequently disappeared ) either escaped from the 
property or poached.  Post has not had contact with Claimant 
A in the past year. 
 
a.  Claimant B 
 
b.  2002 
 
c.  Claimant B had an 85-hectare flower)exportin farm that 
was listed for compulsory acquisitionby the GOZ under an 
initial notice of acquisition (Section 5 notice).   In 2004 
the Mashonaland East Governor signed a "delisting" form, but 
the Local Government and Land Ministries refused to assent. 
Claimant B then attempted to sell his property to the nephew 
of the Chief Justice of Zimbabwe's Supreme Court, but the 
sale fell through as the nephew reneged on payment.  Claimant 
B is off the farm, and the Commander of the Zimbabwe Defence 
Forces, General Constantine Chiwenga, currently farms the 
land.  Post has not had contact with the claimant in the past 
year. 
 
a.  Claimant C 
 
b.  2003 
 
 
HARARE 00000972  002 OF 003 
 
 
c.  Claimant C, received a final notice of acquisition 
(Section 8 notice) in January, 2003   Claimant C purchased 
the 7,618-hectare property in 1985 with Zimbabwe Investment 
Center (ZIC) certificates to run a hunting and photographic 
safari business.  The property is part of a 17-farm, 80,000 
hectare private wildlife conservancy that receives donor 
funding for the conservation of black rhinos.  However 
poaching in recent years has reduced the black rhino 
population from 55 to 22 and jeopardized donor funding.  The 
conservancy owners are being harassed by some members of the 
local population, who are demanding a revenue share in the 
conservancy.  Claimant C has stopped his safari business as 
he claimed invaders had poached all of the game.  Claimant C 
had been protesting the acquisition through Zimbabwe's 
courts.  After receiving permanent residency in South Africa, 
Claimant C was laying the groundwork to emigrate but, at last 
contact, was unable to secure the proper documentation to 
move personal belongings out of Zimbabwe.  Post has not had 
contact with the claimant in the past year, but has been kept 
abreast of developments in the conservancy by a third party. 
 
a.  Claimant D 
 
b.  2002 
 
c.  Claimant D's rural wildlife-based property, which was 
transferred from a Zimbabwean spouse to a trust benefiting 
the couple's two US citizen children, is located in the 
district of Hwange.  Claimant D used the 420-hectare property 
primarily for hunting and photographic safari purposes. The 
property was allocated to a Zimbabwean settler who has done 
nothing with the land.  Claimant D left the farm on October 
1, 2002 and the settler kicked off all of Claimant D's 
employees by March 2004.  Claimant D has asked the Embassy 
not to pursue this case through official channels. Post has 
had no contact with Claimant D in the past year. 
 
a.  Claimant E 
 
b.  n/a 
 
c.  Claimant G has received a Section 5 notice but is still 
in possession of the property in the district of Bikita in 
southern Zimbabwe.  This property is dedicated to a 26-farm 
wildlife conservancy containing both black and white rhinos. 
The GOZ has announced plans to implement a land tenure scheme 
whereby title of conservancies reverts to the State, which 
then grants a 25-year lease to each property owner.  In 
return, the current owners would agree to indigenize their 
businesses through shareholder equity.  The 25-year leases 
would be automatically renewable, but not transferable. 
Claimant E, along with other conservancy members, continues 
to negotiate a solution with the GOZ.  Ambassador Dell raised 
Claimant E,s case with Environment and Tourism Minister 
Francis Nhema, who indicated that he would like to see 
Claimant E and the rest of the conservancy join the 
Trans-Frontier Conservation Area (a park linking tracts in 
Zimbabwe, Mozambique, and South Africa).  Claimant E 
regularly keeps the Embassy abreast of the status of 
negotiations.  Claimant E has not sought further Embassy 
advocacy. 
 
a. Claimant F 
 
b. 2004 
 
c. Claimant F owns a 996-hectare farm in his American wife,s 
name after Claimant F,s son ran the farm into bankruptcy. 
Claimant F does not have a Zimbabwe Investment Certificate. 
Claimant F was able to move much of his irrigation and farm 
equipment off the property prior to losing control of the 
farm but lost 170 head of cattle.  Settlers first arrived on 
the farm in 2000 but Claimant F maintained good relations 
with them and local police, and he continued to have access 
to the farm until 2004.  From May to July 2004, Claimant F 
received Section 5 and Section 8 notices of acquisition and 
asked the Embassy to write a diplomatic note protesting the 
intended acquisition.  The Embassy did so and received a pro 
forma response.  Shortly thereafter, Claimant F was no longer 
afforded access to the farm and effectively dispossessed of 
the land.  There have been no further developments on the 
ground and Claimant F decided not to use the courts as the 
GOZ was not enforcing judgments adverse to its own interests. 
 Post has had no contact with Claimant F in the past year. 
 
 
HARARE 00000972  003 OF 003 
 
 
a. Claimant G 
 
b. N/A 
 
c. Registered in 1997, Claimant G is a subsidiary trust of a 
California-registered Non-Profit Religious Organization that 
planned to establish an environmental and life skills 
teaching center operating near Kadoma.  Claimant G purchased 
the 160-hectare parcel in 1999 but has been unable to obtain 
a proper transfer of title.  Nonetheless, in addition to 
having exclusive use of the land since 1999, Claimant G has 
the Agreement of Sale as proof of purchase.  In November 
2004, Claimant G received a Section 5 initial notice of 
acquisition, to which it responded in court as well as by 
correspondence to various Zimbabwean government entities. 
Claimant G also received a Section 8 notice of immediate 
acquisition, which it is was contesting in the courts. Post 
has had no contact with Claimant G in the past year. 
 
a. Claimant H 
 
b. 2006 
 
c. Claimant H informed the Embassy in April, 2006 that he was 
the owner, along with his non-American citizen parents, of a 
33 hectare plot in Nyanga, Eastern Highlands.  Claimant H 
resides in Mozambique; his parents reside on the Nyanga site, 
where they grow apples on part of the plot and sell them  in 
the local market.  Although the plot is registered as a 
residential and not agricultural property, it was recently 
gazetted (Section 5 initial notice of acquisition) for 
takeover.  Claimant H and his parents are contesting the 
notice.  Claimant H has not requested assistance from the 
Embassy. 
 
The claimant has not provided the Embassy with any 
documentation to corroborate the claim.  In addition, in 
light of the likely one-third US-person ownership, it is not 
clear that the claim qualifies under the definition of &US 
person.8 
 
 
¶3.  Claimants' names - Harare update to Section 527 report 
 
Claimant A: William Holmes Taylor IV and two sons, all 
American citizens, with property owned in trust by Emblehope 
Enterprises (Pvt.) Ltd., a Zimbabwean entity.  Taylor and his 
two sons are the primary beneficiaries.  No PAW signed. 
 
Claimant B: Edward Galante, an American citizen, with the 
property owned by Machera Farming Enterprises (Pvt.) Ltd., a 
Zimbabwean entity.  Galante and his two AmCit children are 
the primary beneficiaries.  No PAW signed. 
 
Claimant C: Sam and Janet Chambliss, both American citizens. 
The property is owned by Twin Springs Conservancy (Pvt.) Ltd. 
With Sam and Janet Chambliss as the sole shareholders.  No 
PAW singed. 
 
Claimant D:  Debbie Rabinovitch and minor children Diane and 
Desmond Rabinovitch, all American citizens.  The property is 
owned by a Zimbabwean trust of which Diane and Desmond are 
the beneficiaries.  No PAW signed. 
 
Claimant E: Weldon and Kathy Schenck, both American citizens. 
 The property is owned by a Zimbabwean trust due to 
interrelated obligations of conservancy landowners.  No PAW 
signed. 
 
Claimant F: Terry and Joan Ryan, husband is Zimbabwean and 
wife is American citizen.  The property is owned under J.T. 
Management Consultancy (Pvt.) Ltd.  No PAW signed. 
 
Claimant G:  Lasting Impressions Wilderness Training 
Corporation, a registered California Non-Profit Religious 
organization, which wholly owns and controls The Lasting 
Impressions Trust, a Zimbabwean entity.  Shelly Croudace, a 
director of The Lasting Impressions Trust is our contact and 
is an American citizen as well.  No PAW signed. 
 
Claimant H:  Lance Edwards, an American citizen.  The 
property is owned by himself, as far as we are aware, and his 
non-American parents.  No PAW signed. 
RAYNOR