Johannesburg — CIVIL rights group AfriForum launched an urgent application in the North Gauteng High Court yesterday to protect the property rights of South African farmers facing land seizures in Zimbabwe.
The application is the first step in trying to get a key Southern African Development Community (SADC) tribunal ruling on property rights registered in SA.
A successful outcome this week could pave the way for farmers whose properties were seized without compensation to attach assets in SA belonging to the Zimbabwean government, AfriForum's legal representative, Willie Spies, said yesterday.
The SADC tribunal in Windhoek has ruled that Zimbabwe's 2005 constitutional amendment allowing the seizure of white-owned farms without compensation violated international law. Last June, Zimbabwe was ordered to pay evicted farmers and protect the property rights of those still on their farms, but Harare does not recognise the decision.
AfriForum wants the SADC ruling enforced in SA. But to cite Zimbabwe as a respondent it must first get permission from the North Gauteng High Court, which could then direct a summons to be served via diplomatic channels.
Acting Judge Neil Tuchten questioned his jurisdiction in the matter yesterday, prompting AfriForum to request a postponement to present more detailed heads of argument, Spies said. The case was set down for today.
Continuing farm invasions undermine the credibility of Zimbabwe's 2008 power-sharing agreement , hampering efforts to raise reconstruction funds.
South African farmers in Zimbabwe had hoped a North Gauteng High Court settlement in November and a bilateral investment protection treaty signed soon after would halt evictions.
The treaty only protects tenure rights of existing and future investments, but the court settlement between the Department of Trade and Industry and farmer Louis Fick bound the South African government to honour the SADC ruling.
Fick, a South African citizen farming in eastern Zimbabwe, who was a co-applicant in the SADC tribunal case, faces up to two years in jail for defying an order to vacate his farm. He is also a co-applicant in the current case.
The bilateral treaty appears to offer little protection to existing South African investments in Zimbabwe. Yesterday, Zimbabwe's commercial farmers' union said three farmers forced to abandon their properties in December and January were covered by the treaty.
AfriForum said Zimbabwe had stepped up it s "land-grabbing programme" since the treaty was signed, prompting a request to the South African government to use its provisions to protect their property rights. "But the South African government has indicated (the treaty) first has to be ratified by the Zimbabwean Parliament before this can happen."
Farmers' union AgriSA estimates 500 South Africans have lost properties in Zimbabwe since 2000, when President Robert Mugabe launched his controversial land reforms.
Farm seizures have been blamed for Zimbabwe's meltdown, the destruction of investor confidence in property rights and the disruption of its agriculture-based economy.
But a recent study by a SA-based think-tank shows there have been gains, including improved livelihoods for thousands of smallholders resettled from crowded communal areas, and good yields reported by some commercial farmers on redistributed estates.
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Interesting article with a lot of Hot air and very speculative To quote: (1) SADC ruling enforced in SA and to cite Zimbabwe as a respondent (But must first get permission from the North Gauteng High Court) .(2).which would direct a summons via diplomatic channels: The Govt of SA would issue summons to Zimbabwe? That is total rubbish!!! SA has it's own land problem issues - Privately many black SA admire what Zimbabwe has done with land reform
(3) The SA court has that much power to issue a summon to a foreign country? I Strongly doubt it!!! This is just a publicist generating event
(4) The Bilateral treaty specifically excluded the land reform program that has been in place for the last 10 years!!! Here is another crazy part..Zimbabwean parliament would then have to vote to amend its own laws about the issue .Which Zimbabwean parliamentary is going to void land reform efforts in Zimbabwe???? The very program they are benefiting from!!!!
(5) This is all wishful thinking on the part of white farmers..
Finally the SA think tank acknowledges that the land reform program has benefited small time Zimbabwean black farmers. YES, THE LAND REFORM PROGRAM IS ACTUALLY WORKING!!!!
First off, euro criminal invaders HAVE NO NATURAL or legitimate rights to African lands, wealth or African resources, ANYWHERE in Africa!
Europeans have natural and legitimate rights to land, wealth and resources OF EUROPEAN SPACE!
Second, African MUST NOT allow criminal invaders to use their criminal colonialist kangaroo court system to give FALSE legitimacy to generations of criminality against Africas!
Third, Africans should NOTE AGAIN: These so-called 'rights groups' are nothing but DIABOLICAL TOOLS of european relentless and evil efforts at world domination.
In other words, the european-created and euro-funded 'rights groups' are designed specifically for the continued promotion european historical and racist wrongs!
Fourth, creatures that have historically displayed beastly behavior towards The First Man, The African, are without a sense of virtue. Such creatures ARE INCAPABLE of knowing or promoting rights and justice anywhere in the world.
So no alert African will ever be fooled with this latest evil efforts of criminal invaders forestall Africans application of 'Rule of Law' to repatriate that which, NATURALLY & LEGITIMATELY, belongs to African peoples.
We are sorry that our ancestors were intelligent, advanced and daring enough to explore the wild oceans to discover new countries and to concur and develop these.
We are sorry that those who came before us took you out of the bush and taught you that there was more to life than beating drums and chasing animals with sticks and stones.
We are sorry that they planned, funded and developed roads, towns, mines, factories, airports, all of which you now claim to be your long deprived inheritance so you have full right to change and rename these at your discretion.
We are sorry that our parents taught us the value of small but strong families, to not breed like rabbits and end up as underfed, illiterate shack dwellers living in poverty.
We are sorry that when they provided you with schools, you decided they looked better without windows or in piles of ashes. We happily gave up those bad days of getting spanked in our all white schools for doing something wrong, and much prefer these days of freedom where problems can be resolved with knives and guns.
We are sorry that it is hard to shake off the bitterness of the past when you keep on raping, torturing and killing our friends and family members, and then hide behind the fence of "human rights" with smiles on your faces.
We are sorry that we do not trust the government. We have no reason to be so suspicious and short sighted seeing that there has never been a case where any of these poor hard working intellectuals were involved in any form of corruption or irregularities.
We are sorry that we do not trust the police force and although they have openly admitted that they have lost the war against crime and criminals, we should not be so negative and just keep on hoping for the best.
We are sorry that we basically flung open our border posts, and now left you competing for jobs against illegal immigrants from our beautiful neighboring countries. All these countries that have grown so strong after kicking out the "settlers", you should follow their excellent example and grow big and strong like them!
We are sorry that we don't believe in witchcraft, beetroot and garlic, urinating on street corners or trading woman for cattle, maybe we just grew up differently. So sorry that when we are forced into sharing the same establishments, sometimes we loose our temper, that is totally uncalled for.
We are sorry that your medical care, water supplies, roads, and your electrical supplies are going down the toilet because skilled people who could have planned and resolved these issues had to be shown away because they were of the wrong ethnic background and now have to work in foreign countries where their skills are more needed.
We are so sorry and should really try harder to be more tolerant and learn to get along with EVERYBODY around us, one big happy family.
"Whites"
However you might feel about the situation in Zimbabwe - your moniker is unhelpful.......... Please stop posting under the moniker "whites"............
It doesn't further the discussion here, it only inflames your opponents. Change you moniker, announce it here so we know to whom we are responding.
Positing as "whites" does no one here any good, it's only an excuse for others to call you and your posts racist..........
We don't need that here........ whatever your feelings or past history in Zimbabwe. I hope this is a board to discuss how Zimbabwe can become better - I don't doubt that you have suffered under ZANU-Poof, but aligning yourself too closely with the some discounts what you actually have to say...........
Please change your moniker - I'm not against you, but your moniker does nothing to help.................
Interesting article. Next we will read "Criminals sue for rights"
Interesting article "Gauteng High Court"? Are Zimbabweans bound by the apartheid laws of SA?
Maybe the indaba of the African native may yet receive an urgent application (from the natives on behalf of our ancestors and their offspring) to attach the lands of the Nordic countries, Israel, France and especially the islands of UK ...
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