Thursday, June 27, 2013

Constitutional Court rules against Zimbabwe on land grabs

Mugabe Terrorism
Picture source:

The Constitutional Court today dismissed an appeal by die Zimbabwean Government against an earlier ruling of the Supreme Court of Appeal in Bloemfontein in favour of the late Mr Mike Campbell and 77 other Zimbabwean farmers regarding Robert Mugabe's illegal and racist land reform plan. The court also ordered the Zimbabwean Government to pay the farmers' costs. The farmers were supported in this endeavour by the civil rights organisation AfriForum.

In the judgement of the Constitutional Court, delivered by Chief Justice Mogoeng Mogoeng, common law was developed to give recognition to the registration and enforcement of the rulings on human rights by international courts. The matter was initially heard on 28 February by the Constitutional Court. Today's ruling was unanimous, with only one difference of emphasis regarding a legal point in the reasons for the ruling by Judge Zondo.

Last year the Supreme Court of Appeal also dismissed with costs the appeal of the Zimbabwean Government against an earlier ruling of the Pretoria High Court confirming the registration and enforcement of the judgement of the SADC Tribunal in favour of the Zimbabwean farmers.

The process started when a Zimbabwean farmer, Mr Mike Campbell succeeded in 2008 with an action against the Zimbabwean Government before the SADC Tribunal in Windhoek. 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, and that Mr Campbell and the other 77 farmers who became involved in the process should either be left alone or be compensated for the expropriation of their assets.

Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe (Wikipedia)

The elderly Mr Mike Campbell, his wife, Angela, and his son-in-law, Ben Freeth, were brutally assaulted and intimidated by war veterans in the run-up to the hearing in an effort to discourage them from appearing before the Tribunal. The case did proceed and Campbell eventually succeeded, but the severity of his injuries caused his health to deteriorate and he died in April 2011.

AfriForum supported the Zimbabwean farmers in a legal process which led to the registration of the ruling by the Tribunal in a South African court and the confiscation of a property in Kenilworth, Cape Town belonging to the Zimbabwean Government in order to offset the punitive cost order handed down by the Tribunal.

The dismissal of the appeal by the Zimbabwean Government means that, for the first time in international legal history, it will be possible to proceed with the legal sale of a property belonging to a state found guilty of gross human rights violations.

Statement issued by Willie Spies, Legal Representative, AfriForum, June 27 2013

Main article sourced from politicsweb - Additional links to other sources provided by Tia Mysoa

Mugabe and the White African

Mugabe and the White African is a 2009 award winning documentary film that follows Mike Campbell, his son-in-law Ben Freeth, and their family as they challenge Robert Mugabe and the Zimbabwean government before the Southern African Development Community tribunal for racial discrimination and human rights violations. The film premiered in the UK on 21 October 2009 at the London Film Festival.

The trailer…

The DVD can be purchased online from Kalahari or Amazon. There is also a book available with the same title, written by Ben Freeth – also available from Kalahari or Amazon.


Anonymous said... .....Click here to refresh this blog

Looks like the mandela propaganda show is about to start.

Anonymous said... .....Click here to refresh this blog

It started many, many moons ago...

Boertjie said... .....Click here to refresh this blog

Hallo TIA

Only in South Africa...

Govt appears to want to nationalise the weather - AfriForum

Anonymous said... .....Click here to refresh this blog

Pensioner says;

Hi Tia,

Friends of mine overseas have been nagging me to send them more information about the situation here in South Africa as well as some history. I found a link on your website to Mike's Pandora's box which I thought would be a good place to start, but now I see that there is a block in the link which wants a password before access can be obtained. Do you know of any other way that I can get into it?

Tia Mysoa said... .....Click here to refresh this blog

@Pensioner – Yes, I’m aware that the links to Mike Smith’s Pandora box series are temporary inaccessible, but I’ve left them on the page because I don’t know when they’ll become publically active again. Mike has temporary blocked the content while he’s working on his book, and there’s no was that anybody can gain access now.

I am also tied-up with work related tasks, hence the reason why postings on this blog have not been that frequent lately.

The search facility on this blog (in the sidebar top left) will provide a list of relevant postings, depending what you’re searching for.

Here are a few recommended links you can send your friend:

Anonymous said... .....Click here to refresh this blog

Other interesting links regarding the current South African situation:

Latest 5 Featured Posts:

Operation Vula, its Secret Safari, and Zuma’s band of comrades - Dec. 2013
During 1986 the ANC launched an underground operation called Operation Vula. A lesser-known fact is that it continued to operate after Nelson Mandela's release in February 1990, and for three years after his speech in August 1990 when he reiterated the total commitment of the ANC, Umkhonto we Sizwe and the SACP to the Groote Schuur Minute.

Heritage Day Photographs (Voortrekker Monument) - Sept. 2013
This posting includes a few photographs taken on Heritage Day 2013. The posting introduces an unusual but beautiful new structure called QUO VADIS? (with the question mark) which I’m sure many readers have never heard of.

The Yellow-Bucket Marula Tree: A Mystery Solved! - Oct. 2013
I came across a rather strange phenomenon one day while travelling along the R561 route between Tolwe and Baltimore in the Limpopo province of South Africa. A small yellow bucket was attached high-up in a branch of a Marula tree, hence the name of this posting. It’s a real funny story which I’m sure most readers will enjoy - as much as I enjoyed compiling the article  - (with illustrations).

Pretoria’s Monument for Victims of Terrorism - July 2013
Many people (including myself) had almost forgotten about a noteworthy monument in Pretoria that stood at the entrance of the old Munitoria building on the corner of Van der Walt and Vermeulen Streets (now renamed Lilian Ngoyi and Madiba Streets). When the Munitoria building was demolished on 7 July 2013 nobody could tell me whether the monument was still standing or not, so I decided to go look for myself.

Remembering The Battle of Delville Wood - July 2013
14 July marks a day when the South African 1st Infantry Brigade got engaged in the 1916 (WW1) Battle of the Somme, in France. The battle was one of the largest of World War I, in which more than a million men were wounded or killed, making it one of humanity's bloodiest battles. One specific encounter during this battle, known as The Battle of Delville Wood, is of particular importance to South Africa. The posting includes a comprehensive article (with pictures) compiled and written by Petros Kondos.

African Countries (Alphabetical list):
(The links will redirect to the page dealing with the specific country.)