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SUBJECT: RULING IN FAVOUR OF SA FARMERS UNDERMINES DIPLOMATIC RELATIONS   A finding by the Northern Gauteng High Court that the Zimbabwe’s Constitutional Amendments allowing the government to seize white farms without compensation is in violation of international law, was political rather than legally considered. Apart from the ruling likely to cause diplomatic furore among the South African Development Community (SADC) member states, the ruling is likely to damage the country’s foreign policy, in particular, our relationship with Zimbabwe. The ruling does not recognize the sovereignty of Zimbabwe as the court had no business to interfere in internal affairs of another country. Unlike our own liberation, it is well documented that the land was central to Zimbabwe’s liberation struggle and that Britain as a colonial country undertook to compensate for illegal use of the land by its subjects during the Lancaster House negotiations in the 80’s. It is further undeniable that Britain reneged on this undertaking. Furthermore, it is due to failure by the British government that Zimbabwe amended its Constitution in 2005 and that it became that country’s public policy to seize the land from white farmers without compensation and that in terms thereof, even the courts in Zimbabwe would not have jurisdiction to interfere with the arrangement. While this is a legal position in Zimbabwe and expectedly everywhere, however, it has never been heard of in the South African legal history, that the court becomes bound by a decision of a tribunal. According to information, the ruling that the court referred to does not have any legal standing in that protocols are not yet agreed upon by member states as to what process must be undertaken under the circumstances thus, making a mockery of the finding of the court. In view of the above, AZAPO wishes to aver that the finding by the Northern Gauteng Court is ambitious and has no effect. Issued by DAVID LEBETHE SCRETARY FOR INFORMATION AND PUBLICITY 076 879 2836 Posted by Administrator 06 Mar 2010 Press Release comments 0 Name: E-mail: (optional) Smile:          Remember Me | Forget Me Content Management Powered by CuteNews