Zuma’s blunder on Zimbabwean farmers could cost SA up to R2.5 billion

The SA government could face an R2.5 billion compensation payout to white Zimbabwean farmers after the Supreme Court of Appeal ruled former president Jacob Zuma illegally closed their avenue to seek justice.

The court in Bloemfontein ruled in favour of more than 200 Zimbabwean farmers claiming against the government after Zuma “illegally, irrationally and unlawfully” closed the Southern African Development Community (SADC) tribunal.

AfriForum’s Willie Spies, representing the farmers, said he considered the ruling to be of historical value.

“It was probably the first time that the court of appeal allowed the institution of a subpoena against the South African government for misconduct committed outside the country’s borders.

“The farmers have successfully appealed against an earlier ruling of the High Court in Pretoria in the epic legal battle of Zimbabwean farmers against the South African government,” Spies said.

This followed after Judge Frits van Oosten’s ruling in December 2020, that there was no causal link between the damage suffered by Zimbabwean farmers due to SA’s participation in the termination of the SADC tribunal’s activities and the actual harm suffered by the farmers.

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“The Supreme Court upheld the exception at the time, with the result that it would be extremely difficult for the farmers to continue their claim of millions of rands against the SA government.

“The ruling made by the Supreme Court of Appeal set aside the high court’s earlier ruling.”

Spies said the next step was for the government to submit a defence plea to the summonses issued.

“After that, the process must go its ordinary course to a trial in the High Court in Pretoria, during which the court will consider the farmers’ claims.”

Spies said the courts must take a stand against the complicity of the government under the leadership of Zuma in 2014, which led to SADC citizens being deprived of the right to have their human rights tried in an international court.

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The Southern African Agri Initiative (Saai) chair, Dr Theo de Jager, said the organisation was delighted with the appeal court’s ruling in favour of Zimbabwean farmers, who want to hold the government accountable and liable for damages they suffered as a result of Zuma’s involvement in the dissolution of the tribunal.

De Jager said Saai represented hundreds of South Africans who have been victims of Zimbabwe’s land grab programme since 2000, in their efforts to obtain proper compensation.

“History has shown that the story of expropriation without compensation always ends the same: the victims must eventually be compensated after incalculable economic adversity.

“The 2020 Global Compensation Agreement in Zimbabwe and this appellate court ruling confirm this,” he said.

De Jager said he hopes the government learns from this ruling before it’s too late.