Constitutional Court judgement not the end of the road for Zimbabwean farmers
6 May 2024
Today’s ruling in the Constitutional Court, in which it was found that the claims of South African victims of Zimbabwe’s land grabs prescribed, is not the end of the road for Zimbabwean farmers, emphasise AfriForum and Saai. The organisations are already considering several follow-up cases to ensure just and equitable compensation for victims, not only for South African citizens, but especially also for Zimbabweans, black and white. Courts in Europe and the USA have recently awarded compensation and legal costs against the government of Zimbabwe, setting precedents in international law and leaving Zimbabwean state assets vulnerable to seizure.
Today’s judgement was based on a legal technicality. The organisations expressed their disappointed with the ruling.
The civil rights organisation AfriForum has supported the Zimbabwean farmers in numerous successful court cases since the damning ruling of the Southern African Development Community (SADC) Tribunal against the government of Zimbabwe in 2008. The family farmers network Saai is the biggest representative body for Zimbabwean farmers who were expropriated without compensation.
Today’s judgement does in no way alter or soften the previous ruling by the same court on 11 December 2018. In that ruling it was determined that the South African government acted unlawfully and irrationally when it conspired with other heads of states of SADC by taking part in the suspension of the SADC Tribunal. The suspension of the tribunal closed the doors of justice to more than 400 million citizens of SADC countries.