A CIVIL rights group has warned the South African government that unless it acts to protect citizens in Zimbabwe evicted from their farm on Christmas Eve it will seek an enforcement order from the courts.
According to AfriForum, the government is legally obliged to protect the property rights of South African Ray Finaughty and his family following a high-court ruling last month.
On November 26th last, the North Gauteng high court ruled the South African government must honour the terms of the landmark property rights ruling by the Southern African Development Community (SADC) tribunal a year ago that the Zimbabwean land invasions were illegal.
A group of 79 farmers in Zimbabwe, including Mr Finaughty, took a case to the SADC court after they were stopped from using the local courts to fight evictions under Zimbabwean president Robert Mugabe’s controversial land reform programme.
AfriForum spokesman Willie Spies, who said the government had been made aware of its responsibilities, added that in terms of the court order Mr Finaughty was also entitled to protection under an investment agreement signed last month by South Africa and Zimbabwe.
“Unless assurances are received from the minister [for trade and enterprise] soon that steps have been taken to protect Mr Finaughty and his family’s lives and property, AfriForum will go ahead with urgent legal action to ensure this,” Mr Spies said.
According to reports from Zimbabwe, Mr Finaughty and his family, who farm cattle, chickens and tobacco in Rusape, were given just three hours to leave their home by the drunken invaders on Christmas Eve.
The property is allegedly being sought by senior reserve bank employee Winnie Mushipe, who accuses the South African of refusing to leave “state-owned” property.
Despite signing up to a powersharing deal last February that called for an end to land invasions, Mr Mugabe has been unwilling to stop evictions of the country’s remaining white commercial farmers.
Meanwhile, Swiss-based multinational Nestlé has said it is still reviewing the situation in Zimbabwe following its decision to suspend operations last week over harassment and intimidation by Zanu-PF loyalists who want the company to buy milk from farms owned by Mr Mugabe’s wife, Grace.
The food giant stopped buying milk last October from Mr Mugabe’s wife after it was criticised for doing business with her.