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.***

Diplomatic immunity claim in land-grab case

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 

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 

“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.


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: