AfriForum welcomes Constitutional Court judgment that Zuma acted unlawfully by taking part in suspending SADC tribunal
11 December 2018
The Constitutional Court today found in favour of a group of Zimbabwean farmers assisted by AfriForum, that former President Jacob Zuma was acting unlawfully and unconstitutionally when he together with other leaders of the Southern African Development Community (SADC) took part in the suspension and dissolution of the SADC tribunal's activities.
According to AfriForum, the Zimbabwean farmers whose land had been expropriated without compensation by the Zimbabwean government, were denied, through Zuma’s unlawful actions, their right to claim compensation through the SADC tribunal after this tribunal had found that the Mugabe regime’s expropriation of land without compensation was racist and illegal.
According to Kallie Kriel, CEO of AfriForum, the court judgment was not only a victory for the Zimbabwean farmers and for AfriForum, but also for everybody who believes that leaders should be held liable if they contribute to enabling violation of the right of ownership as a basic human right by expropriation without compensation and defeating legal action against it.
Kriel pointed out that AfriForum would now consult with the Zimbabwean farmers represented by AfriForum with a view to filing a claim for damages against the South African government. “Now that the highest court in South Africa has found that Zuma as head of state had acted unlawfully to the detriment of Zimbabwean farmers, it means that the South African government could be held liable for the losses suffered by farmers because of South Africa’s action to suspend the activities of the SADC tribunal,” Kriel added.