January 2010 Vol 2, Mining and Industry Indaba
Harare 'ready for farmers lawsuit'
The Zimbabwean government is unfazed by a high court ruling that granted AfriForum an order for leave to sue it for the return or compensation of seized farms.
The Zimbabwean government is unfazed by a high court ruling that granted AfriForum an order for leave to sue it for the return or compensation of seized farms.
Zimbabwe's deputy attorney-general, Prince Machaya, yesterday said Harare would reserve comment until the court papers were served.
"You can't stop someone from suing you. We will wait for the papers and see what sort of relief they are seeking. We will take it from there," he said.
On Wednesday, Judge Neil Tuchtem granted Louis Fick, a South African and former farmer in Zimbabwe, and Zimbabwean farmers Richard Etheredge and William Campbell an urgent court order allowing them to register Southern African Development Community (SADC) Tribunal rulings of 2008 with the high court. This would allow the court to enforce the ruling.
Eighty farmers, including the trio, approached the SADC Tribunal in November 2008 seeking a declaratory order on the lawfulness of Zimbabwe's land reform programme. The Commercial Farmers' Union of Zimbabwe alleged that the farm grabs had often been accompanied by torture, looting and vandalism to properties
The tribunal found against the Zimbabwean government.
Tribunal Judge President Luis Mondlane ordered the Zimbabwe government to stop the scheme as it was discriminatory and to compensate the farmers.
However, President Robert Mugabe dismissed that ruling as "nonsense" that had "no consequence" for his country.
Willie Spies, AfriForum's legal representative providing legal support to the farmers, said next month they would seek to register the amount that the farmers were entitled to.
"We will look at the possibility of recovering the amount by attaching Zimbabwean assets here in South Africa," he said.
He estimated that there were 300 farms involved.
Spies said article 32 of the tribunal protocol provided for its rulings to be enforced in all SADC territories.
Chamaya said it remained to be seen how executable the ruling was in Zimbabwe.
