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.***

Zimbabwe asks ANC to block property auction

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 

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 

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 

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.”


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