SA Court Upholds Farmers’ Rights to Assets

SW Radio Africa (London)

Alex Bell

6 June 2011

A South African court on Monday rejected an attempt by the Zimbabwe government to have three court rulings, in favour of dispossessed farmers, overturned, upholding the farmers’ rights to get compensation for their stolen land.

The High Court in Pretoria dismissed an application by the government to prevent its assets in South Africa from being sold.

Last year, several properties and other assets belonging to the Zim government were identified for auction, as possible compensation for South African farmers who have lost land in Robert Mugabe’s land grab scheme.

A 2008 regional ruling, declaring Mugabe’s land ‘reform’ program as ‘unlawful’ has been ignored and legally dismissed in Zimbabwe, leaving farmers with no choice but to seek justice elsewhere. Farmers then approached the South Africa civil rights group, AfriForum, to have that same ruling made by the human rights court of the Southern African Development Community (SADC), registered in South Africa.

The South African High Court last year ruled in favour of the farmers, stating that the SADC Tribunal ruling, including a later order to pay costs to the farmers, should be honoured. But the attachment of the properties prompted Zimbabwe to launch its own application to have the High Court decisions overturned, claiming diplomatic immunity.

Lawyers for the Zimbabwe government argued that a South African court did not have jurisdiction to register the SADC rulings, on the basis of ‘sovereignty’. The lawyer said it was “not appropriate” for the court to have granted the order, and was ‘premature’ as Zimbabwe had raised the question of jurisdiction with SADC.

In a shock move, SADC last year effectively suspended the Human Rights Tribunal over the Zim government’s refusal to honour the courts rulings. SADC has now dissolved the Tribunal for another 12 months, in a worrying sign of the regional bloc’s allegiance to Mugabe.

AfriForum’s legal representative Willie Spies told SW Radio Africa on Monday that the High Court decision is a positive step towards getting justice, because of the precedent the case will set.

“The ruling is of historic significance. If the auction of the government properties goes ahead, then this will probably set an international legal precedent, because it shows a court ruling against a country guilty of human rights abuses,” Spies said.

Spies explained that a legal writ of their intentions to auction the assets still needs to be filed, and he added that the Zim government will likely appeal the judgment. But he said, regardless, “we are absolutely delighted.”

“People, like the farmers who have lost everything, the last thing to lose is their hope. Judgments like these and victories like these give people reason to keep hoping,” Spies said.

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