Weeks before the Presidency is scheduled to return to the
Constitutional Court to argue it did not fail to protect farmer
Crawford von Abo from the land grab, it has dumped the advocate
representing its case because of alleged "differences of opinion".
To make matters worse state lawyers, after failing to obey a Concourt
order, are scrambling to persuade South Africa’s highest court not to
release a secret 60-page report – containing correspondence between the
SA and Zimbabwean governments – to the public.
If the Concourt confirms Von Abo’s landmark victory in the high court,
the South African government could face claims worth more than R5
billion by South Africans who have lost land and property in Zimbabwe
over the past eight years.
The Presidency wants the report to remain secret
The Presidency previously indicated it wanted to use the report to
exonerate itself of any wrongdoing towards its citizens living in
Zimbabwe but wanted the report to remain secret.
But despite handing the report to the court, it has not yet applied for it to be admitted as evidence or kept secret.
Newly appointed counsel for the Presidency, Piet de Jager SC, last week
argued his client’s failure to obey a Concourt instruction to apply for
the report to be admitted into evidence was no basis for the court to
release the document.
"The president maintains his stance that the documents are confidential and not subject to disclosure to the public," he added.
Meanwhile the state attorney’s office has suggested in correspondence
that the senior counsel previously representing the Presidency, Paul
Mtshaulana, withdraw from the Von Abo case because of ethical issues.
War veterans occupied Von Abo’s farms in 2002
Mtshaulana yesterday appeared to be oblivious of these claims. "I can’t
say anything about this – it is a matter between myself and my client,"
he told Weekend Argus.
War veterans and others occupied Von Abo’s farms in 2002.
When he refused to leave his farm, Fauna, militia members arrested him and farm manager Willem Klopper.
He was granted bail and for 30 months had to appear in court every two weeks until his case was withdrawn.
Von Abo said he had not been given any assistance and his letter to South African government departments remained unanswered.
High Court Judge Bill Prinsloo slammed the South African government in
his ruling on the case in 2008 for dereliction of duty in not providing
proper diplomatic protection to the farmer.
He lost 14 farms in Zimbabwe, valued at R60 million, during Robert Mugabe’s land resettlement scheme.
IOL
Post published in: News