SA/Zim trade pact will not cover lost farms

that is set to be signed later this month, will exclude farms that were expropriated by Robert Mugabes previous government under the veteran leaders chaotic and often bloody land reform programme. South African Trade and Industry Minister Rob Davies told the media that country that the bilateral trade and investment protection agreement with Zimbabwe would provide security for ?any South African investor in any sector, including agriculture, from now ?on. But Davies said the pact would not cover farms already seized by Mugabe. He said South Africa wanted to create certainty for investments in Zimbabwe that would also help with its economic recovery, without reopening old wounds.

Retrospective clause

HARARE — Davies continued that it would have been impossible to negotiate this agreement with a retrospective clause, with regards to expropriated land, saying South Africa believed it was necessary to contribute to stabilising the economy in Zimbabwe, which would also contribute to political stability.? The signing of the compromise agreement comes amid the land wrangle between South African farmer Louis Fick and deputy Reserve Bank of Zimbabwe governor Edward Mashiringwani. ?

Mashiringwani has for months led a campaign of intimidation against Friedawil farms legal owner Louis Fick, and several weeks ago moved on to the farm with 15 armed guards, forcing Fick and most of his staff to leave. Fick, who now no longer has access to his land, has been trying in vain to secure a court order for his land to be returned to him. Much of his staff meanwhile, who have stayed on to try and keep the farms numerous animals fed and watered, have faced increasing intimidation and violence. The farm invaders have also repeatedly used tactics of extreme cruelty against the farms pigs and crocodiles to try and force Fick to give up the farm. ?

SADC Tribunal

Fick has received no assistance from the police, the SPCA or even from his own government, despite desperate appeals to the South African embassy for intervention. The South African farmer is one of 79 farmers who last year successfully appealed to the Southern African Development Community Tribunal against seizure of their farms by the Harare government. The Tribunal barred the Zimbabwean government from confiscating the land from the farmers and said Harare should pay full compensation to farmers already evicted from their property.

Mugabe has simply ignored the Tribunal ruling while his top officials and allies of his Zanu (PF) have responded to the regional courts ruling by stepping up farm invasions. The Harare government has also it was pulling out from the Tribunal and that it no longer recognised the regional courts authority. Meanwhile the South African government, which analysts say wields the most influence over Mugabe, has not acted to protect Fick or any its other citizens who have lost land to the Zimbabwean government. This despite the Pretoria High Court last year heavily criticising the South African government for not protecting the rights of a citizen whose farm was taken over under Mugabes land reforms.

Free State farmer Crawford von Abo won his court battle against the then President Thabo Mbeki, the Foreign Minister Nkosazana Dlamini-Zuma and the Trade and Industry Minister Mandisi Mpahlwa, to get compensation from the South African government for not acting on his behalf to protect his rights to his land. Judge Bill Prinsloo noted that the governments excuses for lack of action over the previous six years had been feeble and pointed out that Germany, France and Denmark had intervened successfully on behalf of their citizens who owned agricultural land in Zimbabwe.