SA court dismisses Zim govt appeal

2012-09-20 11:26


Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Special Report

Mugabe takes a swipe at potential successors
Mugabe takes a swipe at potential successors

Zimbabwean President Robert Mugabe has reportedly warned his Zanu-PF party supporters to guard against ambitious potential successors whom he accused of wanting to grab power through the "back door".

Bloemfontein - An appeal by the Zimbabwean government against an attempt to attach its property in Cape Town was dismissed by the Supreme Court of Appeal on Thursday.

The SCA heard an appeal by the Zimbabwean government against a high court ruling, which registered and enforced a Southern African Development Community (SADC) tribunal ruling locally and resulted in the attachment of Zimbabwean property in Cape Town.

The litigation began when Zimbabwean farmer Mike Campbell approached the SADC tribunal in Windhoek for relief in 2008, after he and his family were targeted by the land grabs of Zimbabwe's president Robert Mugabe.

The tribunal, which consisted of five judges from various Southern African states, ruled in November 2008 that the Zimbabwean land reform process was illegal and racist.

It held that Campbell and 77 other farmers, who intervened in his application, should be left in peace and their property rights restored.

Continued legislation led to the registration of the tribunal's finding in the High Court in Pretoria in February 2010, and the attachment of a Zimbabwean government-owned property in Kenilworth, Cape Town.

The attachment was to satisfy a punitive cost order granted by the SADC tribunal.

The unanimous SCA judgment by a full bench of five judges held that Zimbabwe's contention that it was not bound by the amendments of the SADC treaty had no merit.

"There is no merit in the submission that Zimbabwe is not bound by the [SADC] treaty as amended, or by the protocol as amended," the judgment read.

The protocol established the tribunal and its jurisdiction.

The SCA found the submissions that the treaty and protocol have not been "domesticated" into local law and that it was not ratified by Parliament missed the point.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
Read more on:    sca  |  sadc  |  zimbabwe  |  sa  |  southern africa


24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts

Spontaneity is the order of the day. Let go and have some fun. Try not to set too many set plans and expectations and enjoy the...read more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.