Maravi

(NEWZIMBABWE) SA Supreme Court dismisses Zimbabwe appeal

COMMENT - The Campbell Freeth gambit is still slowly running it's course. However, land reform in South Africa itself is on the horizon. SA Supreme Court dismisses Zimbabwe appeal 20/09/2012 00:00:00 by Sapa 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. Zimbabwe was challenging 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 Zimbabwe's 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 Cape Town. The attachment was to satisfy a punitive cost order granted by the SADC tribunal. Meanwhile, 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. ******** COMMENTS Makate MK veterans are already agitating for land redistribution in RSA as it is, this court ruling is not going to stem the tide of black consciousness and quest for justice at last. Admittedly our land re-distribution leaves a lot to be desired, we will sort that one out in time, but taking the land back forcibly from the white man was not and will never be a mistake.In RSA the Boers and the west bought themselves time with that constitution that maintained and entrenched the status quo in their favour. But recent events indicate that this honeymoon is fast nearing its end......So I will say to the court verdict....yawnnnn and zzzzzzzzz..... we never expected different from the mickey mouse freedom country and castrated fake government * Iyanai The question is how was this land acquired in the first place, If Mike Campell and 77 others paid for the land then YES they are entitled to a compensation. Which is highly unlikely, The land was stolen, and the SA supreme caught is infact protecting criminals. * ZuuluShaka(NDABEZITHA) After independence most of these white farmers paid loads of money to Zanu pf and currently holding certificates of no interest issued by the government.I am in favor of land reforms ,but Mugabe played a lot of people.Why do you think Saviour Kasikuwere (see bussiness genre) is stuck on indigenous muddle.? They do things out of whim and use the brains later. * Guyo Mugabe is paying a price for hero-worshiping Malema. * Mafira_Kureva Land reform is a pain that the country must bear in whatever form it may present itself. Such judgements in favour of Rhodies regarded as racist....that is what hardens our hearts, those of us who are PRO Land reform....the land tenure act of 1964/65 was not drafted a long time ago....this Campbell you now portray as a victim was alive to have offended me and my kin...so don't make it look like he did not know waht he was doing. The sins of his youth have come to haunt him and the courts view his rights in 2012 as superior to my grand father's rights in 1964 which on its own is a very racist view..... Mr Campbell and others must be greatful that their wives and daughters where not raped/murdered, they were not forced to become slave labour, they at least had a court that was sympathetic to them....pleasures they did not afford my grand parents.... * Grace Jones This a victory for justice for Campbell. My worry and concern is that the country asserts are going to be stripped to pay for what was taken by ZANUPf.That is an injustice to the majority of Zimbabweans. Wish there was a better way of making ZANupf and its big ones pay Campbell without robbing the nation,.If everybody who was robbed of land by Zanupf gets this justice it will mean the land reform robbed us as a nation . Why do the beneficiaries not pay? * Mafira_Kureva "Thy bones shall arise a walking plague and haunt your offspring" Mbuya Nehanda * BANTU If Zimbabwe is to be a great nation again, compensation to white farmers must be made sooner or later. One wrong cannot be corrected by another wrong. Wake up Zimbabwe! * Mafira_Kureva What a load of Rubish...land tenure act that started this was passed as law in 1964 barely 50 years ago. Why do the rights of blacks then not matter as much as the rights of whites matter now????? Surely redress is needed on my side as well.....according to British Law..no one is allowed to benefit from the proceeds of a crime....when Ian Smith and coy did their UDI, they committed a crime against the crown...treason...why are they being allowed to profit from that crime???? paying them any form of compensation is giving value to their crime so hell no....no one can ever attach enough Zimbabwean property to equate the value of our land...so we say by all means take it we still have the better deal!!!!! * Dlamini good for you Mr Campbell your pain is understandable and justifiable. * Toots How can a whole Supreme Court uphold a ruling by a lower court based on a judgement made by an illegal Tribunal? If South Africa allows such nonsense to proceed, Zuma will have to justify that at the next SADC summit, in front of the very same leaders that disbanded the SADC Tribunal. Rainbow nation, my arse!

posted by MrK @ 2:53 PM