SA government silent on invasion of BIPPA protected Zim ranch
By Alex Bell
19 April 2010
The South African government is yet to make any move to condemn the invasion of a game ranch in Zimbabwe, protected by a bilateral investment protection agreement signed by the two countries last year.
A lodge on Denlynian Game Ranch, which lies just 46 km from the South African border, was invaded by eight men last Wednesday, who then gave the owners of the farm up until Thursday night to vacate the property. The chief game guard on Denlynian Game Ranch was later forced by invaders to leave the ranch and take refuge nearby. A truck then arrived at the ranch and the occupants began stealing items of value from the lodge.
Last Wednesday night the ranch owners son, Arthur Ferguson, was arrested in front on his young children at their home next door to the ranch. He spent a night behind bars at Beitbridge police station without charge before being released on Thursday. Ferguson, a horticulturalist on Benfer Citrus Estate, has still not been charged, although the President of the Commercial Farmers Union (CFU) Deon Theron, said on Monday that it is likely he’ll face charges for “refusing to leave the property.” The citrus estate is owned by Ian Ferguson, who built up Denlynian Game Ranch into a prized tourism destination.
Since the owners are South African citizens, both properties are protected by a Bilateral Investment Promotion and Protection Agreement (BIPPA) signed by South Africa and Zimbabwe on November 27 last year. That BIPPA was recently ratified in Zimbabwe’s parliament, making it enforceable and binding both countries to respect it. The Zimbabwe government’s refusal to respect it is not surprising, given the many numbers of BIPPAs that have already been ignored in order to seize profitable land. But there is growing anger over South Africa’s silence.
“We’ve appealed to the South Africa authorities in Zimbabwe and they’ve said they will write letters, but publicly that government won’t condemn what is happening,” the CFU’s Theron said on Monday. He added: “It is very concerning because it is setting a precedent that this kind of thing can happen in spite of a BIPPA, and neither government will do anything to stop it.
The BIPPA meanwhile was lauded as key to unlocking millions of rands worth of investment from South Africa. Theron said the open defiance of this BIPPA is a critical threat to investment relations with South Africa, which is Zimbabwe’s main trading partner.
There is still no proof to claims that co-Home Affairs Minister Kembo Mohadi is involved in the Denlynian ranch invasion, although ZANU PF’s involvement is confirmed. Ferguson’s lawyer has said that ZANU PF vehicles were seen on the property, where widespread looting has been taking place since last week.
Denlynian’s owners and their employees have been subjected to ongoing harassment. In February, the police were instructed by the National Land Inspectorate to prosecute the son of one of the owners, although there was
no official case against him. And then in March, a young guard on the property was arrested without warning and placed in custody. He was subsequently taken to the public prosecutor, who admitted there was no legal reason to prosecute, and he was finally released a few days later.