Diplomatic immunity claim in land-grab case
Govt won’t take challenge from three farmers lying down
Apr 23, 2011 3:06 PM | By VLADIMIR MZACA
The Zimbabwean government says it hopes the South African High Court will
take into consideration its diplomatic immunity in a case involving the
government and three commercial farmers.
The farmers, all victims of President Robert Mugabe’s land grab, have taken
on the Zimbabwe government with the help of South African lobby group
Afriforum.
Zimbabwe argues that South African courts have to take into consideration
that they do not have jurisdiction to register a Southern African
Development Community (SADC) ruling, on the basis of sovereignty, and in
terms of the Foreign States Immunity Act (Fisa).
Fisa is a law that establishes the limitations of whether a sovereign nation
can be sued in a foreign court.
It also establishes procedures for the attachment of property against a
foreign state.
Zimbabwe’s legal team, led by Patric Mtshaulana, said they would not take
the ruling lying down if it is not in their favour.
The farmers – Louis Fick, Richard Etheredge and Michael Campbell, who died
recently – took their fight to the Zimbabwean government with the help of
Afriforum, which in its press statement said it wanted to show that Mugabe
was not untouchable.
“The Mugabes of the world have to realise that justice will prevail, even
though this might happen in another country,” said Afriforum in a statement
by its chief executive, Kallie Kriel.
The ruling in the case is expected in the next three weeks and if the
farmers get the go-ahead it would set a precedent for anyone of South
African origin with a valid case against the chaotic land reform in
Zimbabwe.
“The rulings will open doors for all those who have been robbed by Mugabe’s
government,” Kriel added.
Zimbabwean farmer Harry Hales said if the farmers received compensation it
would be a landmark victory for all commercial farmers who were displaced
and persecuted.
“Justice should prevail thanks to the SADC tribunal. A lot of productive
farmers were affected by the land invasions and they continue to suffer at
the hands of Zanu-PF,” he said.
If this legal action goes ahead it won’t be the first time Zimbabwe lost a
court case in South Africa.
A few years ago German development bank KFW Bankengruppe seized seven
properties around South Africa after the Zimbabwean-government failed to
settle a multimillion- dollar loan.
In 2002, government-run iron giant Ziscosteel failed to pay back a bank loan
and the bank seized properties and put them up for auction.