SA court dismisses Zim govt appeal of farm ruling
By Alex Bell
SW Radio Africa
27 June 2013
South Africa’s highest court has dismissed an appeal lodged by the Zimbabwe government, against an order that its properties can be auctioned as part of a landmark legal ruling.
In 2010 the North Gauteng High Court ruled in favour of a group of farmers, who lost land in Zimbabwe during the ZANU PF farm seizures. The farmers had approached the South African courts for justice, because the Zimbabwe government refused to honour a regional ruling in 2008 that the land grab was unlawful.
That ruling was passed down by the SADC Tribunal, which was subsequently suspended by SADC leaders in 2010. This forced Zimbabwean commercial farmers and South African citizens Louis Fick, Mike Campbell and Richard Etheredge to seek legal recourse in South Africa, because Zimbabwe had refused to compensate them for the loss of their land, as ordered by the Tribunal.
The South African High Court ruling set an important precedent by enforcing the Tribunal ruling and recognising that court’s jurisdiction. The Court also ruled that a Cape Town property owned by the Zim government should be ‘attached’ for auction, to cover the government’s debt to the farmers.
The Zim government then appealed this decision at the South Africa Supreme Court of Appeal, which last year dismissed the appeal. But the government then went to the Constitutional Court to challenge the ruling.
The ConCourt on Thursday also dismissed the appeal. In a majority judgment, Chief Justice Mogoeng Mogoeng referred to article 32 of the SADC Tribunal protocol, which obliges all member states to facilitate the enforcement of judgments and orders of the Tribunal.
“It also makes these decisions binding and enforceable within the territories of the states concerned,” he said.
Justice Mogoeng also said Zimbabwe was duty-bound to act in accordance with the provisions of article 32, effectively accusing the government of being in open contempt of the regional court.
The court decision Thursday is being seen as an important victory in the fight for justice for victims of the land grab campaign.
However there is still concern that the Tribunal remains in limbo, after SADC leaders last year agreed to limit its mandate. This decision means SADC citizens no longer have access to an independent human rights court, if their own government’s fail to protect their rights.