The group has identified four Zimbabwean owned properties to be attached as compensation for South African farmers who have lost land in Robert Mugabes land reform programme. A 2008 regional ruling, declaring the exercise unlawful, has been ignored and legally dismissed in Zimbabwe, leaving farmers with no choice but to seek justice elsewhere. Farmers approached AfriForum to have that same ruling, made by the human rights court of the Southern African Development Community (SADC), registered in South Africa.
Judge Garth Rabie last month ruled in favour of the farmers, stating that the SADC Tribunal ruling, including a later order to pay costs to the farmers, should be honoured. AfriForum has since been seeking what Zimbabwean assets can be attached to settle these costs and identified the four properties in Cape Town.
Justice Minister Patrick Chinamasa has dismissed the South African High Courts move as null and void, calling the attempts to attach assets nothing more than political grandstanding. He argued that the farmers should approach the government and claim compensation from there.
The litigation is meant to attract world attention. Can they really get enough money from attaching four houses in Cape Town? They cannot touch any of our properties because they are under diplomatic immunity, he said.
But AfriForums legal representative Willie Spies said on Friday that three of the properties are vacant and one is being leased to third party tenants, meaning they are of a non-diplomatic nature.
Since the properties are therefore of a non-diplomatic nature, they can be attached, Spies explained. A writ of execution of immovable property has been issued in the North Gauteng High Court, today and will be served early next week.
AfriForum was responsible for the Bloodmilk campaign last year, which was started after it emerged that international dairy firm Nestl purchased milk from Grace Mugabes dairy farm. AfriForum undertook an extremely successful international media and internet campaign and international pressure lead to a decision by the dairy company not to purchase milk from the farm. Spies said this new campaign is an attempt to force the Zimbabwe government to honour property rights in the country and start allowing a return to successful agriculture in Zimbabwe.
This campaign is our gesture of hope and support for the millions of Zimbabweans waiting in despair for a better life, Spies said.
Meanwhile commercial farmers returned to the SADC Tribunal this week to try to force the regional body to intervene in the ongoing land crisis in Zimbabwe. The farmers have filed another application of contempt against the government and the High Court, for dismissing the ruling in January. The case however was never heard after it was left off the court roll. Chegutu farmer Ben Freeth, who heads the SADC Tribunal Rights Watch group, said their case might now only be heard in May.
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