SA joins SADC in protecting unlawful land reform

South Africas Constitutional Court has this week dismissed a final attempt by a farmer who lost land in Zimbabwe, to seek compensation for his losses. Crawford von Abo, a South African citizen, was left penniless when his 14 farms in Zimbabwe were destroyed by land invasions under Mugabes land grab scheme. Since 2008 Von Abo has tried to get the South African government to take diplomatic steps to address the violation of his rights in Zimbabwe, arguing that as a citizen his government should have protected him.

In February 2010 the High Court found that the South African government had a constitutional obligation to provide diplomatic protection and ordered that it had 60 days to take all necessary steps to have Von Abos violation of rights by Zimbabwe remedied.

But the Supreme Court of Appeal has since said that although South Africas response to Von Abos plight was inappropriate, the High Court made vital mistakes of law when it made its decision last year. Von Abo then made an application to the Constitutional Court, stating that the Supreme Court of Appeals ruling was unconstitutional.

This application has now been dismissed, effectively ending Von Abos battle. Observers have said that this lets South Africa off the hook for not protecting its citizens affected by the illegal land seizures, and also prevents any potential diplomatic squabbles with Mugabe.

The development comes as leaders in the rest of the Southern African Development Community (SADC) have dissolved the human rights Tribunal for at least another year, in a move that is being described as a massive blow to farmers. The Tribunal ruled in 2008 that Mugabes land grab was unlawful after a landmark case, launched by commercial farmers.

Mugabe and the then ZANU PF government refused to honour the rulings, and were repeatedly charged with contempt for snubbing the Tribunal. But, rather than take Mugabe to task for this blatant disrespect of the court, SADC leaders instead suspended the Tribunal last year.

That suspension is now set to last a further 12 months, after SADC leaders last week gave its Council of Justice of Ministers and regional Attorney Generals more time to review the role and functions of the court. This is despite an independent review that upheld the courts rulings on Zimbabwe, and also upheld its jurisdiction to make and enforce such rulings. Analysts have said that this shows ongoing allegiance with Mugabe.

Ben Freeth from the SADC Tribunal Rights Watch group said he is shocked and quite disheartened by this development. Freeth, together with his late father-in-law Mike Campbell, led the farmers case before the Tribunal in 2008. He told SW Radio Africa on Wednesday that this has shown the true colours of the region, and clearly they dont have the human rights of SADC citizens at heart.

What SADC has done serves absolutely no purpose but to allow for ongoing corruption, abuse of power and erosion of human rights in the region, Freeth said.

Mike Campbell, who passed away earlier this year as a result of a savage beating when he was abducted from his farm, still had a case pending before the Tribunal. He once again made history by citing all 15 SADC leaders as respondents in the new case. The application, filed in late March this year, urged SADC to fully reinstate the workings of the Tribunal. The application also asked for an order that ensures the Tribunal continues to function in all respects as established by the Treaty, which all the leaders are signatory to.

Freeth explained that he doesnt know what will happen with this case now, adding that I am glad that Mike is not alive to see what SADC has done. He continued that ultimately, it is the citizens of SADC who are losing out, not just Zimbabwean farmers, because their rights are being trampled on.

Freeth and Mike Campbells case at the SADC Tribunal was never just about their rights as white farmers, but always about a million farm workers and their families who lost their jobs, their homes, their schools, their clinics and their future, as a result of the unlawful theft of land and businesses.