Fin24

Farmers win Zim land grab case

2011-06-06 15:14

Pretoria - The North Gauteng Court in Pretoria on Monday rejected an application by the Zimbabwean government to prevent its assets being sold to compensate farmers who suffered land grabs.

The three farmers - Louis Fick, Richard Etheredge and the late Mike Campbell - last year seized Zimbabwean government assets in Cape Town.

They had lost their farms in Zimbabwe's controversial land seizures.

A statement released by AfriForum, which was assisting the three farmers, said the court's rejection of the Zimbabwean government's application to prevent the seizure paved the way for the properties to be sold.

The tribunal of the Southern African Development Community (Sadc) ruled in November 2008 that Zimbabwe's land reform processes were racist and illegal, and that farmers ought to have been compensated for their farms.

The tribunbal's ruling allowed for the registration and enforcement of the tribunal's orders in Sadc member countries.

AfriForum assisted the three farmers to have the tribunal's orders registered at the North Gauteng High Court and three Zimbabwean properties no longer used for diplomatic purposes were seized.

The Zimbabwean government opposed the seizure.

"The ruling is of historic significance. For probably the first time in international legal history, a court ruled that the assets of a country guilty of human rights violations must be sold at public auction," said AfriForum's lawyer Willie Spies, who represented the farmers.

He said arrangements were being made to sell the properties at a public auction as soon as possible.

All three farmers were violently expelled from their farms. Campbell, who was severely beaten up by farm invaders, died in April 2011.

Comments
  • HONKY101 - 2011-06-06 15:22

    Put this in your pipe and smoke it Mr Malema !!!!

      Tc - 2011-06-06 16:42

      This is truly wonderful news. There is no longer place for barbaric land-grabs, nationalisation and plundering in this world.

  • PiXeL_NiNja - 2011-06-06 15:22

    Best news of the day!

  • Mac - 2011-06-06 15:24

    Fantastic news! And Malema was saying just last week that the ANC wants to take land in SA without compensation - sorry for you Mr Malema. The rule of law still applies in this country (for now anyway)!

  • JoeMan.vdw - 2011-06-06 15:24

    Justice is served! Vat so Zimbabwe! Lol!

  • Mac - 2011-06-06 15:27

    Fantastic news! Well done for sticking it out. Heads-up Mr Malema, you won't be able to take land in SA without compensation, contrary to your revolutionary ideas! The rule of law still applied for now.

  • nomoreANC - 2011-06-06 15:28

    good! justice

  • Etienne - 2011-06-06 15:29

    Justice...

  • Stocks - 2011-06-06 15:33

    Ja, Malema et al. must watch out...the courts won't allow land grabs!

  • Vishal - 2011-06-06 15:35

    About time justice pervails

  • Vernon - 2011-06-06 15:42

    Wonder what properties South Africa has out there which can be auctioned off in the future.Malema PASOP

  • Jacques - 2011-06-06 15:42

    Lekker julle Zim etters!!!!!!!!!

  • Wolraad Woltemade - 2011-06-06 15:42

    Well done AfriForum! (a pity Mugabe won't be tried for the murder of Mike Campbell..)

  • The All Seeing Eye - 2011-06-06 15:44

    Wow guess there is hope for this country after all. Just too bad the people directly involved like Mugabe cannot have there personal assets taken versus the goverment assets which in truth is all Zimbabwe people's assets.

  • Deckard - 2011-06-06 15:45

    Good!!!

  • Rover_ZA - 2011-06-06 15:48

    Even if our politicians won't stand up to Zimbabwe, at least our judicial system shows integrity here. Good news!

  • DeonL - 2011-06-06 15:49

    Well done.

  • diode - 2011-06-06 15:53

    excellent afriforum for your great work, at least there is still a little justice left in this corrupt country.

      Wolraad Woltemade - 2011-06-06 16:26

      Your forefathers did not own (productive) land; they were nomads, according to world recognized history. If there were landowners, it was only the King namely Shaka; the rest of the people were his servants according to history and had no rights to land, only the Chief... Don't you know the definition of a Despotistic government...? You are trying to compare Barbarism (on both sides) of the past with modern law. It's like comparing rotten-apples with apple-seed. The one has potential, the other has nothing.... Make sense in the future please!

      Vlooi - 2011-06-06 16:29

      @tamza - if you cannot manage to grow a mielie after 300+ years you deserve to lose it.

  • michaelx - 2011-06-06 15:54

    THE TIDE WILL ALWAYS TURN.

  • DeonL - 2011-06-06 15:54

    Well done. When people or a country steal from you, you should be able to claim for damages.

  • Doug - 2011-06-06 15:56

    Justice at last...............

  • Doug - 2011-06-06 15:59

    Justice at last........they must now seize Bobs assets in America and the UK

  • shawns_074 - 2011-06-06 16:01

    Brilliant, sorry for uncle bob!!!

  • johnwilliam.roberts - 2011-06-06 16:02

    fantastic news i just wish mr campbell was alive to see this day !!!!

  • windkind - 2011-06-06 16:04

    SCORE 1 for the good guys!!! Malema take note you steaming pile of cr@p! You won't get away with your third world thug tendencies here!

  • Koos - 2011-06-06 16:08

    VIIVVAA!!!!

  • Dave - 2011-06-06 16:08

    Excellent news, think Malema can read? shed some light on his thoughts

  • Doug - 2011-06-06 16:09

    Justice at last...........now seize Bobs assets in the rest of the world

  • Gavin - 2011-06-06 16:10

    Eat that Robert and Disgrace Mugarbage !

      Nuck Choris - 2011-06-06 18:33

      Bwaahhaa Gavin you made me LOL . What a great chirp. Now can all the other farmers also institute a claim now???

  • YES - 2011-06-06 16:14

    It's bad precedence and therefore bad law. It has never happened in our law where decision of tribunal had a bearing on our courts. The decision is like a tail wagging a dog thus making it bad law. Apart from the decision not having a serious impact on diplomatic relations, the court was not competent to decide the decision of another country. It is only the Hague, which can come out with suuch decision. One wonders what the judge could have been smoking when he came with susch a ruling? This decision can only happen in SA and by a bench that is racially divided and prejudice. The sooner, the Zimbabwe government appeals it, the better for our law and our foreign policy.

      Cecily - 2011-06-06 16:28

      Huh??? What on earth are you talking about? The courts are independant courts of law. Unlike the subjective 'comissions of enquiry' that are forever being set up.. These courts are presided over by highly educated and very experienced individuals who value their positions and reputations way above any so-called racial matter. Face it, darling Yes, not everyone is ruled by race, only those who do not have any competent issues to back their arguments.

      Molyone - 2011-06-06 16:44

      And what are your legal qualifications? I bet you wont even answer!!

      Carl Muller - 2011-06-06 18:48

      The president appoints the judiciary.... Go and complain to him.

      Keith_Spicer - 2011-06-06 19:36

      Please research the powers of Tribunals - They are as powerful as certain courts but their decisions can be overturned in a higher court, if it can be proven that they did not apply there minds properly. In this case it is clear that they did apply there minds. Well done to the Tribunal - It is time to fight back against this total injustice. Perhaps Mugabe's new Sandton home and all other world wide assets of the Zim government should be next.

      Chris Swart - 2011-06-07 08:19

      I don't think you should make comments if you have no clue what SADC is.

      Christiaan - 2011-06-07 09:31

      If you are not happy, appael...All the way to the Hague... I dare you... Let's see who the rest of the world will back...

  • mshazi - 2011-06-06 16:14

    The fact of the matter is that Mugabe should have been forced out of that 'so-called' presidency that he forcefull occupies and his friends jailed. Its long overdue, people are tired of all these dictators.

  • Rob Gunning - 2011-06-06 16:15

    Fantastic news for all South Africans and may this cause a global precedence

  • george - 2011-06-06 16:17

    I have always maintained that most farms in South Africa are situated in deep native areas where they are literally surrounded by hostile tribesmen. Secondly, in a high crime country, such farms are literally indefensible in an instant of an attack by criminals. Some farms are far off that the nearest police station is 70 kilometres away. To make matters worse, some farm owners do not have the labour to work the farms hence the dependence on hostile natives. The logical thing is to sell the farm, move away from danger and have a life. What is the value of a farm compared to human and family life? Most farmers are seated ducks deep in the forests of Africa in South Africa. Sell and save your life when it is still possible. We are tired of reading about farm torture and murder by natives when the government is doing nothing about it.

      ANC-FTL - 2011-06-07 15:32

      I agree with you on this - is it really worth it these days to be a farmer? There are going to be a hell of alot of hungry Africans in African one of these days.

  • abrham - 2011-06-06 16:20

    land grab in reverse!

  • george - 2011-06-06 16:20

    I have always maintained that most farms in South Africa are situated in deep native areas where they are literally surrounded by hostile tribesmen. Secondly, in a high crime country, such farms are literally indefensible in an instant of an attack by criminals. Some farms are far off that the nearest police station is 70 kilometres away. To make matters worse, some farm owners do not have the labour to work the farms hence the dependence on hostile natives. The logical thing is to sell the farm, move away from danger and have a life. What is the value of a farm compared to human and family life? Most farmers are seated ducks deep in the forests of Africa in South Africa. Sell and save your life when it is still possible. We are tired of reading about farm torture and murder by natives when the government is doing nothing about it. i wont be suprised to find that Afriforums lawyer stays in a safe urban, protected area far away from these dangerous farms.

  • Jubby - 2011-06-06 16:22

    BRILLIANT !!!! Take that you black racist bastard. may you die such a horible slow death you pig !!! (Mugabe and Malema)

  • nkulu.bgumede - 2011-06-06 16:24

    'The tribunal of the Southern African Development Community (Sadc) ruled in November 2008 that Zimbabwe's land reform processes were racist and illegal, and that farmers ought to have been compensated for their farms.' And what was that JUJU?

  • nkulu.bgumede - 2011-06-06 16:26

    The tribunal of the Southern African Development Community (Sadc) ruled in November 2008 that Zimbabwe's land reform processes were racist and illegal, and that farmers ought to have been compensated for their farms..... sorry and what was that juju

  • nkulu.bgumede - 2011-06-06 16:27

    The tribunal of the Southern African Development Community (Sadc) ruled in November 2008 that Zimbabwe's land reform processes were racist and illegal, and that farmers ought to have been compensated for their farms..... sorry and what was that juju

  • clivegoss - 2011-06-06 16:27

    Whooop de doo

  • george - 2011-06-06 16:28

    I have always maintained that most farms in South Africa are situated in deep native areas where they are literally surrounded by hostile tribesmen. Secondly, in a high crime country, such farms are literally indefensible in an instant of an attack by criminals. Some farms are far off that the nearest police station is 70 kilometres away. To make matters worse, some farm owners do not have the labour to work the farms hence the dependence on hostile natives. The logical thing is to sell the farm, move away from danger and have a life. What is the value of a farm compared to human and family life? Most farmers are seated ducks deep in the forests of Africa in South Africa. Sell and save your life when it is still possible. We are tired of reading about farm torture and murder by natives when the government is doing nothing about it. i wont be suprised to find that Afriforums lawyer stays in a safe urban, protected area far away from these dangerous farms.

  • Cecily - 2011-06-06 16:36

    Huh??? What are you talking about Yes? The courts are presided over highly educated and very experienced individuals who value their positions and reputation over any racially based decision. Face the facts, unlike the 'commissions' that are forever being set up by our government, most professionals are exactly that... PROFESSIONAL. Only persons who do not have solid facts on which to base their arguments use race as a ploy...

  • YES - 2011-06-06 16:53

    The judgment is a bad precedent. It is not only bad in law but will most probably encroach on diplomatic relations between South Africa and other countries both in the continent and internationally. The South African courts have no jurisdiction to decide about issues affecting other countries. It is only the Hague which can make such decisions. What makes the decision also srange, is that it has never happened that decisionss by tribunals have an impact on our courts. It is like a tail wagging a dog,.

  • Marius Rossouw - 2011-06-06 17:11

    Perhaps we should go to court to seize the weaponry that was bought in the arms deal as well and have it sold on an auction and pay back the tax payers;-) Great news!

  • missmazwi - 2011-06-06 17:35

    Good. Excelllent news. Those dispossessed farmer's can go and look for rich pickings in other countries. Malaysia? Indonesia? Hong Kong? and what about our local Llandudno? The farmer's must help themselves.

  • struth - 2011-06-06 17:37

    Best news of the day. This has set a world precedent! I hope this is on the news tonight. (Locally and Internationally).

  • missmazwi - 2011-06-06 17:40

    Good. Excelllent news. Those dispossessed farmer's can go and look for rich pickings in other countries. Malaysia? Indonesia? Hong Kong? and what about our local Llandudno? The farmer's must help themselves.

  • struth - 2011-06-06 17:41

    Looking forward to this being a top item on the news tonight! Hope that Willie Spies is in the studio.

  • Chibuli - 2011-06-06 18:02

    We are now going to take our land back. No country can afford to take arable, productive agricultural land away from qualified farmers to give to so-called "landless" squatters who don't know how to grow a beard, let alone a profitable, productive farming enterprise. The land belongs to those who can FARM it.

  • Boer - 2011-06-06 18:56

    Uitstekende nuus. Thank God the rule of law still works in South-africa.

  • Boer - 2011-06-06 20:53

    This is a major blow for Malema and his cronies. Justice will be king.

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