SW Radio Africa (London)

Zimbabwe: Farmers Win Another Victory Against the Government

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Zimbabwean farmers have this week won yet another small victory against the government, in their ongoing pursuit of justice for the unlawful land grab campaign.

The farmers, supported by South African civil rights initiative AfriForum, have been fighting a legal battle in that country's courts, and trying to force the government to compensate them for the land that was seized in the exercise. On Wednesday the North Gauteng High Court in Pretoria ruled that the Zim government is responsible for the wasted costs of an urgent court application brought against the farmers and AfriForum, in error last month.

The government mistakenly lodged the urgent application, believing that a planned auction of Zim government owned properties in Cape Town had been organised by AfriForum and the farmers. But the auctions were organised by a German development banking group, owed millions by Zimbabwe. When the government realised its mistake it tried to have the matter struck from the roll. The farmers and their legal representatives from AfriForum last week argued that the government was responsible for the wasted costs they incurred while responding to this application.

AfriForum's legal representative, Willie Spies, said that although the court victory is a small one, it is an important one.

"The victory once again provides the farmers and thousands of farm workers, deprived of their livelihoods, with the moral oxygen and energy to continue their struggle for justice in Zimbabwe," Spies said.

The government has repeatedly refused to pay any costs to the farmers, regardless of the numerous court orders stacking up against it, and it is already widely believed that this case will be no different. Spies said that if the government does refuse to once again honour the court ruling, AfriForum will be in the position to identify more assets to seize for future auction, to pay off the government's "bill."

"We are currently preparing the bill of costs that the government now owes us for this case," Spies said. "If they refuse to pay then we will be in the position to recover the costs by attaching more of their assets."

At the same time a rights group, campaigning for recognition of the regional ruling on Mugabe's land grab scheme, said the case "is another significant step on the road towards justice and accountability in Zimbabwe and indeed everywhere in the Southern African Development Community (SADC)."

The SADC Tribunal ruled in 2008 that Mugabe's land grab was unlawful and discriminatory, but the government has openly ignored the court's orders and dismissed its rulings as "null and void." The matter is now set to be brought forward at the upcoming SADC summit in Namibia, although there is doubt over how SADC will force Zimbabwe to recognise the regional court.

The SADC Tribunal Rights Watch group said this week that the ruling "sends a clear signal to those in power in Zimbabwe that the days of impunity are fading fast."

"SADC Tribunal Rights Watch believes it will encourage other victims of human rights abuse, wherever they are in the Southern African Development Community, to stand up for their rights. It is clear that judgments in their favour will carry weight," the group said.


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Comments 1 to 1 of 1 Post a comment

  • Phiri
    Aug 13 2010, 09:40

    SW Radio and Alex Bell are involved in a major propaganda effort by white farmers who no longer are in Zimbabwe. What she terms a "victory over illegal land grab" is nothing but propaganda. Zimbabweans should be weary of such heavily financed propaganda by the UK. Zimbabweans must farm their land and avoid being sucked into this rubbish!