Pres Zuma should answer in Zim farmer case

The North Gauteng High Court today ordered President Jacob Zuma as well as the Minister of Justice and Constitutional Development, Michael Masutha and the Minister of International Relations and Co-operation, Maite Nkoana-Mashabane to file affidavits in the court by Monday, 21 September 2015. In these affidavits, they have to submit reasons why they do not want four Zimbabwean farmers and two Zimbabwean agriculture companies to enter as party to a court application of the Law Society of South Africa – to have Pres Zuma’s involvement in the disbandment of the SADC Tribunal declared illegal and unconstitutional.

The Law Society earlier this year started court actions against Pres Zuma, Mr Masutha and Ms Nkoana-Mashabane to declare illegal the South African Government’s participation in the process which led to the disbandment of the SADC Tribunal.

The application by the Law Society came in the midst of constant tension between Government and the judicial bench regarding serious matters, such as the refusal of Government to honour an earlier court order, commanding the arrest of Sudanese dictator, Omar Al-Bashir, in turn honouring the South African Government’s commitments in terms of the Statute of Rome, which makes possible the prosecution of crimes against humanity.

The four Zimbabwean farmers, Luke Tembani, Ben Freeth, Richard Etheredge and Chris Jarret in the past successfully participated in various proceedings before the SADC Tribunal. In several cases the Tribunal ruled against the Zimbabwean Government and found that the government has violated their human rights in many different ways through policies and measures which deprived the farmers of their property rights.  

The farmers want to join the application of the Law Society as co-applicants against the president and his ministers, as they have a direct and substantial interest in the matter. 

As a result of the total collapse of the Law of Supremacy in Zimbabwe, the SADC Tribunal was the only legal bench which was still accessible to farmers to claim compensation from the Zimbabwean Government as a result of the illegal land grabs of Robert Mugabe. The Heads of State of the fourteen SADC countries however put a process into motion in May 2011 to disband the Tribunal. It’s widely agreed that the suspension, disbandment and eventual restructuring of the Tribunal was a trick of South African politicians to help Mugabe evade responsibility for his misdeeds.

The conduct of the Southern African leaders, with Pres Zuma leading the pack, was not only in breach of the terms of various human rights acts of SADC and the African Union, but in addition directly violates the constitutional right of any person deprived of his/her right to turn to a competent court if his/her human rights are violated. 

The matter will be heard in the Opposed Motion Court later this year, after Government has filed their answers. The farmers are supported by AfriForum in their court actions.

Issued by Willie Spies, Legal Representative, AfriForum, 8 September 2015Secretariat