Zim ruling important for SA
2008-12-02 23:06
Johannesburg - The SADC tribunal ruling that fair compensation be paid to Zimbabwean farmers evicted from their farms holds implications for South Africa, Agri SA said on Tuesday.
"Important implications for the growing land problem in South Africa are the stipulated principles relating to compensation, accountability, reasonableness, non-racialism and accessibility to the legal system," said Agri SA deputy president Theo De Jager.
Denied access to Zimbabwe's courts, 77 farmers evicted under Zimbabwe's land reform programme instead turned to the Southern African Development Community tribunal.
It found that the violation of their right to court access breached the SADC treaty. It instructed the Zimbabwean government to protect them, prevent their eviction and make sure their operations were not hampered.
It also ordered the government to fully compensate those farmers whose land had already been taken from them.
Zim government rejects ruling
The Zimbabwean government rejected the ruling and said it would not reverse the land reform exercise.
De Jager drew a parallel to the principles Agri SA was testing before the South African Human Rights Commission, after a complaint was brought against the Commission for the Restitution of Land Rights for allegedly steamrollering farm owners into accepting sub-market value land offers.
He was convinced the Expropriation Bill, temporarily withdrawn in September after objections, would not pass the test if subjected to the principles laid down by the SADC tribunal in its ruling.
"The strong viewpoint adopted by five judges of the tribunal creates the expectation that the principles of a constitutional state and fair compensation would also be maintained when it comes to land reform and a future expropriation dispensation in South Africa," he said.
"Access to the tribunal and the upholding of its decision will hold insurance for South African land owners."
Don't offer land voluntarily
Agri SA advised owners not to offer their land voluntarily as willing sellers in the land claims process before implementation practices were brought in line with official government policy and constitutional principles.
De Jager claimed land owners, subject to claims within the restitution process, were being pressured to accept offers of up to 40% below the recommendation of the state's own valuators.
This was happening particularly in Mpumalanga, Limpopo and KwaZulu-Natal.
Delays of up to as year between the time these offers were made and their payment forced many land owners to accept a second or even a third downward-adjusted offer simply to escape financial ruin, he charged.
"Agri SA, however, continues to support the national objectives around land reform, provided that it takes place within the framework of the Constitution and land reform legislation and is implemented on an inclusive and equitable basis," said De Jager.
- SAPA