SA court dismisses Zim govt appeal

2012-09-20 11:26

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.

  • charlesdumbwin.dumbwin - 2012-09-20 11:35

    GOOD! Teach those racist Zimbabwean thugs a lesson!

      sean.carbutt - 2012-09-20 16:11

      Charles, it'not Zimbabwe thats racist, its mad bob and his followers. The rest of the Zimbos are actually a pretty peaceful, intelligent and educated bunch. But yes, destroy the rotten apples.

  • bonge.mpofu - 2012-09-20 12:27

    the nation where the pres and his wife stole billions from the hungry masses. they want to make everywhere their playground. not possible

  • rob.gunning.1 - 2012-09-20 12:27

    All Zimbabwean state owned land in South Africa should be nationalised.

  • kevin.moxham.3 - 2012-09-20 12:30

    Bob this is the real world where everyone is bound by the law - not like in your case where you think you are the law....what a total racialist ass you are...!

  • SirFGrumpy - 2012-09-20 13:23

    Bloody agents!

  • JManAtheoi - 2012-09-20 14:26

    As if this ruling is going to change anything....Bob will just do what he usually does...i.e. whatever he wants, and blame anything that goes wrong as a result thereof on the "western imperialists"... sadly, the SADC seems powerless. They are not strict enough with this buffoon.

  • Blixum - 2012-09-20 17:58

    No cadder deployment here..

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