Zimbabwe asks ANC to block property auction
20/09/2012 00:00:00
by Staff Reporter
ZIMBABWE will ask South Africa’s ruling African National Congress to take a
“political decision” to stop displaced white farmers from seizing its
properties, a minister said on Thursday.
South Africa’s Supreme Court dismissed an appeal by Zimbabwe against a
decision of the Johannesburg High Court to register and enforce a 2008
judgement of the SADC Tribunal which ruled that the land reform programme
was “racist and illegal” – clearing the way for white farmers to press for
compensation.
The 77 white farmers had gone on to attach a Cape Town property owned by
Zimbabwe – which was not covered by diplomatic immunity – with the intention
of selling it.
Zimbabwe has always said it did not recognise the SADC Tribunal’s rulings
because it did not ratify its founding treaty. The Tribunal has since been
abolished.
Presidential Affairs Minister Didymus Mutasa said: “What they (farmers) are
fighting is not about land, but to trouble the government of Zimbabwe.
“After this judgment, which is legal, we should let it go and we speak to
the ANC [African National Congress] and take a political decision. I hope
that is possible.”
Advocate Martin Dinha, who was part of Zimbabwe’s legal team, said suggested
the decision of the South African Supreme Court was racist.
“South Africa’s judiciary is not yet liberated from apartheid; it has
cosmetic liberation. South Africa remains a colony of white Rhodesians and
apartheid,” charged Dinha, who is also the Mashonaland Central governor.
He added: “Notwithstanding attempts by elements of the Rhodesian Front to
derail the land reform programme, the programme is totally irreversible.
“No country has jurisdiction over another. Zimbabwe is a sovereign state.”
He said Zimbabwe fully expected South Africa to take political steps to stop
any further seizures of Zimbabwean properties.
“South Africa must be careful. They must respect the sovereignty of
Zimbabwe. They have properties here and given that there are unspeakable
abuses that were committed during colonialism and property was damaged,
nothing stops us from seeking compensatory damages here and attaching those
properties.”
Willie Spies, a lawyer for the white farmers, called unanimous decision by
the Supreme Court a “a great success … a symbolic victory that makes it
possible for the government of Zimbabwe to be effectively punished.”
Spies, attorney for South African rights group AfriForum and for many
Zimbabwean farmers, said the dismissal will bring solace “to the many
Zimbabweans who affected by the atrocities.”
He added: “I think it’s probably the first time in legal history
internationally that a judicial failure in execution of property will go on
after a country is found to be in contravention of certain human rights
laws. We’re making legal history.”