A landmark regional ruling declaring Robert Mugabe's land 'reform' programme unlawful will now be enforced in South Africa, after the High Court in Pretoria ruled that the ruling should be honoured.
Judge Garth Rabie ruled in favour of the South African commercial farmers who have been victims of Mugabe's land grab campaign in Zimbabwe. The farmers had approached civil rights initiative AfriForum to help them get the 2008 ruling made by the human rights court of the Southern African Development Community (SADC) enforced. The same ruling, which said that land 'reform' was unlawful, has been openly ignored by the government, which by law is meant to adhere to the Tribunal as a SADC member state.
Justice Barack Patel last month also dismissed the SADC Tribunal ruling, refusing to register it in Zimbabwe. Justice Patel said the regional Tribunal's ruling would have no effect in Zimbabwe because of the political upheaval reversing 10 years of land seizures would cause. He added that enforcing the Tribunal's ruling would be against Zimbabwe's domestic laws and agrarian policies, noting that 'the greater public good must prevail.'
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Registration of the SADC ruling is critical for it to be enforced and Zimbabwe's commercial farmers, many of whom are South African citizens, have had no choice but to have the ruling registered in South Africa. AfriForum's legal representative Willie Spies told SW Radio Africa on Thursday that the Pretoria High Court's ruling was a huge coup for the farmers, calling it an important 'moral victory.' He added that it is a positive step for the region as a whole, because it sets a precedent that SADC Rulings cannot be so easily dismissed.
Commercial Farmers Union (CFU) President Deon Theron also applauded the Court's decision, telling SW Radio Africa that "it opens up the doors for all kinds of possibilities." He explained that commercial farmers will try seeking compensation for the land they lost because of land 'reform" compensation that can be sought from Zimbabwean assets in South Africa.
"Honestly no one wants to see Zimbabwe's assets stripped in South Africa, but when you have been abused like we (commercial farmers) have, we have to find some route to take to get compensation," Theron said.
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Its bad enough as it is but to push the idea of 'farmers being compensated for THEIR land' is an insult of sorts to the native descendants whose fore-kin were forcibly removed from those same lands.Shouldn't we as writers communicate to the common man that the ruling is to stem Mugabe's tsotsi's who hijacked the reform to suit their own needs.Fairly land reform is not unlawful in Africa.
Tau Dereck, you make a good point and case. However your statement Shouldn't we as writers communicate to the common man that the ruling is to stem Mugabe's tsotsi's who hijacked the reform to suit their own needs. Fairly land reform is not unlawful in Africa. concerns me. First, land reform in Zimbabwe had all the chances of success, but white minority farmers and the British govt became increasingly unrealistic and the UK govt under Tony Blair and Claire short abandoned land reform guaranteed in the lancaster house agreement. The results of all that is what we have now!!
The ruling will continue to make white Rhodesian farmers in Zimbabwe pariahs of society. No one wants them or believes in their cause. They are viewed in the most extreme eye glasses. Even, their success in farming, today in Zimbabwe is looked down on And as black farmers continue to have success at farming Why would we need white Rhodesian farmers, with their attitudes.and baggage (Im better than you attitude!). We have our own black farmers. The ruling means nothing, and actually it is hurting their cause in Zimbabwe
You know what Phiri? It takes courage,compassion ,understanding and the heart of lion for a person to live their own life ,otherwise they must live the life ordered by someone else. You are no better than a Zanu goon or a Nazi goon when you seek to stand for racist agendas driven by idealistic maniacs.Nobody needs cowards,thieves and denialists in a free world .Which corner of the planet you going to hide, when the free world tear down the barriers of all intolerances that prohibit the growth of a shared sustainable humanity?Greed anger and stupidity are ever present within all our own lives ,and as Ghandi said; "I sought to control these urges and seek a higher principle"
Buddhate(?), Your comments are well and good intentioned, but in practise they never happen. I too would like to believe what you are saying. But the truth is that black people are the ones who bare the brutal and savage behaviour of white people and especially white colonial Zimbabweans.
Zimbabwe can afford to sacrifise 400 white farmers than the entire black population of Zimbabwe. White farmers used to farm in Zimbabwe 10 years ago and now natives are farming and let's move on...with black farmers. What I do not care for is "I'm better than you because I'm a white Rhodesian" attitude, that needs to go. White Rhodesian farmers are a huge liability to any political leader in Zimbabwe. They are a huge sources of propaganda and sabatoga!!
Crikey Phiri, you dont even have the common decency to call the white farmers by their rightful birth heritage names .Most like you, are born under Zimbabwean skies and deserve equal status with the protection of the Zimbabwean government, and you treat them with contempt.Rhodesians chose to leave ,Zimbabweans chose to stay.Stand up for all or forever sitdown.
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