BBC NEWS
Zimbabwe farmers seek SA property

A group of white farmers who had their land seized in Zimbabwe are attempting to claim property owned by the Zimbabwean government in South Africa.

The farmers want the four properties in Cape Town, worth millions of dollars, as compensation for the loss of farms.

Last week, a South African court agreed with a regional court ruling that President Robert Mugabe's violent land reform programme was unlawful.

Almost all white-owned land has been seized in the past 10 years.

The ruling by the South African High Court paved the way for farmers who lost property to file for compensation in South African courts.

The farmers' lawyer in Cape Town, Willie Spies, said that since the properties were of a non-diplomatic nature they were not protected by diplomatic immunity.

Jets vulnerable

A sheriff of the court is due to serve the papers to the people currently occupying the properties.

If the farmers are successful their lawyers will have legal control over the properties and they can put them up for auction.

The BBC's Mohammed Allie in Cape Town says other non-diplomatic assets such as Air Zimbabwe jets are also vulnerable to be seized for compensation for lost farms.

In 2008, the Southern African Development Community (Sadc) court ruled that farmers should be allowed to return to their farms unhindered.

Earlier this year, a Zimbabwe court rejected the farmers' attempt to enforce the Sadc tribunal's decision.

And despite the formation of a unity government in Zimbabwe a year ago, white farmers are still facing harassment.

Land reform is one of President Mugabe's central policies but his critics say it has helped destroy the country's economy.

Under colonial rule, white farmers seized much of Zimbabwe's best land, forcing black farmers to less fertile areas.

Reversing this was one of the reasons for Zimbabweans taking up arms in the 1970s to end white minority rule.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/world/africa/8594479.stm

Published: 2010/03/30 09:50:24 GMT

© BBC MMX

White Zimbabwe farmers win South Africa property

Most white farmers lost their land in the violent land reform

South African authorities have handed the ownership documents of a Cape Town house belonging to Zimbabwe's government to some Zimbabwean farmers.

The white farmers want compensation for the seizure of their land.

The government has two months to come up with money for legal fees incurred by the farmers in their compensation claim case or the house will be sold.

Last week, a South African court agreed with a regional court ruling that the violent land grabs were unlawful.

The ruling paved the way for farmers who lost property to file for compensation in South African courts.

Almost all white-owned land in Zimbabwe has been seized in the past 10 years.

Jets vulnerable

A sheriff of the court served notices on the residents of one of four Zimbabwean government-owned properties in Cape Town said to be worth millions of dollars.

"The people occupying the house told us that they are leasing it from the Zimbabwe government," the farmers' lawyer Willie Spies told the BBC.

"This makes this a commercial property which is therefore not protected by diplomatic immunity," he said.

He said the handing over of the ownership documents was a more of a symbolic gesture as the money from any auction would be used for legal fees.

But he said it showed it was possible to enforce legal principles against the Zimbabwean government in South Africa.

The BBC's Mohammed Allie in Cape Town says other non-diplomatic assets such as Air Zimbabwe jets are also vulnerable to be seized for compensation for lost farms.

In 2008, the Southern African Development Community (Sadc) court ruled that the group of more than 70 Zimbabwean farmers should be allowed to return to their farms unhindered.

Earlier this year, a Zimbabwe court rejected the farmers' attempt to enforce the Sadc tribunal's decision.

"Four hundred and 28 South African farmers, who owned farms in Zimbabwe were also victims of the land reform, they too are exploring means of compensation," Mr Spies said.

Despite the formation of a unity government in Zimbabwe a year ago, white farmers are still facing harassment.

Land reform is one of President Robert Mugabe's central policies but his critics say it has helped destroy the country's economy.

Under colonial rule, white farmers seized much of Zimbabwe's best land, forcing black farmers to less fertile areas.

Reversing this was one of the reasons for Zimbabweans taking up arms in the 1970s to end white minority rule.

I would like to add that I feel land reform was needed in Zimbabwe but the government allowed rasicm to get in the way.

Hate can never build, only destroy.

That's pretty difficult to judge but one has to take into consideration that the white farmers did get the land by land reform executed by the colony's officials when they took over and named the country RHODESIA!

I agree with kipper - the land reform was not just as it mostly served Mugabe's comrades.
Done thoroughly and with the people's benefit in mind it would have worked out probably.
Those "new" land lords should have been educated on land management etc BEFORE they took over the land.

Giving the white Zimbabweans back the land would mean a second unjust confication.

One cannot make things right by doing wrong twice.

By the way - the same problem remains for all of Africa - Kenya is a perfect example for what colonialisation did to the native people.

How does one justify a white Zimbabwean (ex German, English or Italian) who purchased his or her property 20 / 30 years ago with good clean money and it was taken away from them without any compensation? This has happened - is this wrong to give these white Zimbabwean people the land back?

I say this because I am a white African who 1st went to study in England and then training in hotels slowly working my way up and then bought a house in London. I sold and bought a bigger one and rented rooms out to a fellow worker to help pay the bills. 10 years down the line I had a wonderful property which I sold and spend everything plus borrowed alot more to start my own business in Italy. If Mr B - from Italy decided he likes my place and simply takes it way; I do not think I will be very pleased.....
It is a tough one - as I try and look at both sides - if looking at history with the 1st settlers you are correct - not easy...

Cody
The point you are making is very interesting.

The colonists most probably have sold their property which they at their time had stolen from natives towards other white people. Maybe even more than twice.............

I feat those natives won't be interested in all those "laws" as they just see their land which was taken away from them.

This is a coin with more than 2 sides I fear and it won't be easy to sort it out without disapointing one or the other.

And of course the injustice which started with colonialism cannot be justified with further injustice.

This problem isn't restricted to the former Rhodesia. It's almost omni-present on the continent.

You see that also with the Massai land which was on lease to the British for 99 years which ended a couple of years ago - haven't got the figure when exactly, but I know that's also boiling in Kenya.

By the way - we had similar probs in Germany. People who had huge junks of land in the former GDR - mostly aristocratic background prior to the IIWW had to flea when the Russians invaded or should better say fought the Hitler invaders back. After the wall came down those families tried to get back that land or going back to where their forefathers came from. The Germans ruled against them which finally meant the first injustice was confirmed by a second one spoken by the German gov in the 90s.