THE government of Zimbabwe has been dealt a telling blow by South Africa’s highest court: in a unanimous decision delivered this morning, the South African Constitutional Court ruled that property owned by the Zimbabwean government in South Africa could be sold to defray legal expenses in a crucial human rights case.
Here’s the court’s summary of the matter, as its conclusion in the judgment:
‘When the farmers’ rights to property, their human rights in general and the right of access to courts in particular were violated, Zimbabwe was, in terms of article 6(6) of the Amended Treaty, obliged to cooperate with the Tribunal in the adjudication of the dispute. After the Tribunal had delivered its judgment, Zimbabwe was duty-bound to assist in the execution of that judgment and so is South Africa.’
Read the full text of the judgment here:
CCT 101-12 The Government of the Republic of Zimbabwe v Fick and Others Judgment