Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

***The views expressed in the articles published on this website DO NOT necessarily express the views of the Commercial Farmers' Union.***

AG to challenge court on assets

AG to challenge court on assets

AG moves to stop auction of Cape properties, claiming Gauteng judge’s ruling 
was ‘null and void’
Jun 11, 2011 3:19 PM | By HARARE CORRESPONDENT

Zimbabwe’s Attorney-General (AG) says he will appeal the North Gauteng High 
Court ruling that went in favour of three Zimbabwean farmers in the case 
dealing with the seizure of Zimbabwean assets in South Africa.

Johannes Tomana, the AG, said the ruling on Monday was null and void, adding 
it was based on the judgment of the Southern African Development Community 
(SADC) Tribunal that he said had been disbanded.

“We will not accept that judgment and we are going to appeal against it,” 
said Tomana. The SADC Tribunal was suspended at the last SADC summit held in 
Namibia last month, allegedly at the behest of President Robert Mugabe after 
it passed land judgments unfavourable to him and his strategy to seize land 
from white farmers.

The case in which the Pretoria court ruled in favour of the white farmers 
concerned an application brought by the Zimbabwean government last year to 
reverse the seizure of Zimbabwean assets in Cape Town by farmers who were 
assisted by AfriForum. The legal battle started after the tribunal had ruled 
in November 2008 that Zimbabwe’s land-reform processes had been racist and 
illegal and that farmers ought to have been compensated for their farms.

The protocol makes provision for the enforcement of tribunal orders in SADC 
member countries. Based on this protocol, AfriForum assisted three farmers, 
Louis Fick, Richard Etheredge and the late Mike Campbell, in having the 
ruling registered at the court.

The farmers then seized three properties that were no longer used for 
Zimbabwean diplomatic purposes. In July last year, the Zimbabwean government 
instituted court applications to have the seizure of its properties 

AfriForum’s legal representative, Willie Spies, said the door was now open 
for the sale of the properties in Cape Town.

“The ruling is of historic significance. For probably the first time in 
international legal history, a court has ruled that the assets of a country 
guilty of human rights violations must be sold at public auction,” Spies 
said. “Arrangements will be made without delay to have the properties sold 
at public auction.”

Meanwhile, an 87-year-old farmer from Gweru, who is a South African 
citizen, will be sentenced tomorrow after he was arrested for not leaving 
his farm voluntarily.

If Philip Hapelt is found guilty, his sentence could include two years in 
prison. Several calls to the department of international relations in 
Pretoria and the South African embassy in Harare by his family to request 
humanitarian assistance, were unsuccessful.

AfriForum is considering taking legal action against the South African 
government in this regard.


Killer poacher jailed 18 years

Killer poacher jailed 18 years   3/7/2019 The Chronicle Mashudu Netsianda, Senior Court Reporter A POACHER who ganged up with a colleague and fatally attacked a

Read More »

New Posts: