January 2010 Vol 1, Mining and Industry Indaba
High Court grants farmers permission to sue Zimbabwe
The North Gauteng Supreme Court in Pretoria this afternoon granted permission to three Zimbabwean farmers, represented by AfriForum, to start with a legal process against the Government of Zimbabwe. This legal process entails having the ruling of the Southern African Development Community (SADEC) registered and enforced in South Africa.
The North Gauteng Supreme Court in Pretoria this afternoon granted permission to three Zimbabwean farmers, represented by AfriForum, to start with a legal process against the Government of Zimbabwe. This legal process entails having the ruling of the Southern African Development Community (SADEC) registered and enforced in South Africa.
The SADEC Tribunal namely ruled in November 2008 that the land reform process of Pres Robert Mugabe is illegal and racist, and ordered that compensation had to be paid to farmers who had already been expropriated, as well as that farmers who still are on their farms, had to be left in peace. Since the ruling, farm invaders have however continued their actions, by amongst other things assaulting Mr Michael Campbell cruelly and chasing him from his farm. Mr Louis Fick has also been driven from his farm and is facing criminal prosecution because he did not heed notices to leave his farm immediately.
The Zimbabwean Government meanwhile has stepped up its land-grabbing programme. Zimbabwean Government spokesperson, Temba Mliswa, this past weekend indicated in the Zimbabwean Sunday Mail that his government is committed to driving all white farmers from the country. The Zimbabwean Government has also indicated that it intends using the army to drive the remaining farmers from their farms.
During the Festive Season, several farmers were targeted for farm evictions. On 24 December 2009, Mr Ray Finaughty was given only three hours to leave his farm, after he had been prevented from feeding thousands of his chickens on the farm for days. Another South African farmer in Zimbabwe, Mr Dolf du Toit, and his family were driven off their farm just before New Year’s Day, after his son had been held by the invaders in their home.
According to AfriForum’s legal representative, Willie Spies, it appears as if the Zimbabwean Government has stepped up its campaign against white farmers (including South African citizens) in the country after signing a bilateral agreement for the promotion and protection of mutual investments (BIPPA) together with the South African Government on 27 November 2009. AfriForum has already appealed to the South African Government to use its newly-obtained bargaining power which had been obtained with BIPPA to protect South Africans in Zimbabwe, but the South African Government has indicated that BIPPA first has to be ratified by the Zimbabwean Parliament before this can happen.
AfriForum’s next step will be to go to the Supreme Court again on the 23rd of February 2010 with the application for the registration and enforcement of the SADEC Tribunal’s ruling in South Africa.
The SADEC Tribunal namely ruled in November 2008 that the land reform process of Pres Robert Mugabe is illegal and racist, and ordered that compensation had to be paid to farmers who had already been expropriated, as well as that farmers who still are on their farms, had to be left in peace. Since the ruling, farm invaders have however continued their actions, by amongst other things assaulting Mr Michael Campbell cruelly and chasing him from his farm. Mr Louis Fick has also been driven from his farm and is facing criminal prosecution because he did not heed notices to leave his farm immediately.
The Zimbabwean Government meanwhile has stepped up its land-grabbing programme. Zimbabwean Government spokesperson, Temba Mliswa, this past weekend indicated in the Zimbabwean Sunday Mail that his government is committed to driving all white farmers from the country. The Zimbabwean Government has also indicated that it intends using the army to drive the remaining farmers from their farms.
During the Festive Season, several farmers were targeted for farm evictions. On 24 December 2009, Mr Ray Finaughty was given only three hours to leave his farm, after he had been prevented from feeding thousands of his chickens on the farm for days. Another South African farmer in Zimbabwe, Mr Dolf du Toit, and his family were driven off their farm just before New Year’s Day, after his son had been held by the invaders in their home.
According to AfriForum’s legal representative, Willie Spies, it appears as if the Zimbabwean Government has stepped up its campaign against white farmers (including South African citizens) in the country after signing a bilateral agreement for the promotion and protection of mutual investments (BIPPA) together with the South African Government on 27 November 2009. AfriForum has already appealed to the South African Government to use its newly-obtained bargaining power which had been obtained with BIPPA to protect South Africans in Zimbabwe, but the South African Government has indicated that BIPPA first has to be ratified by the Zimbabwean Parliament before this can happen.
AfriForum’s next step will be to go to the Supreme Court again on the 23rd of February 2010 with the application for the registration and enforcement of the SADEC Tribunal’s ruling in South Africa.
Please login to post your comments.
