Afriforum is entitled to sell a property belonging to the Zimbabwean government and use the proceeds to repay farmers who have lost land in that country. The High Court in Johannesburg ruled that as the property was being used for commercial purposes it was not protected by diplomatic immunity.
Two other properties owned by the Zimbabwean government could not be sold because there was no proof that these properties were being used commercially. The court ruled that these two properties, in Zonnebloem and Wynberg, enjoyed diplomatic protection.
Afriforum and the German banking group KFW Bank Gruppe had intended to auction these properties as well but the High Court action has prevented them from doing so.
The property in Kenilworth is expected to fetch between R1-million and R3-million and the money would be proportionately paid out to three Zimbabwean farmers who lost their land and to the German banking group.
However, Afriforum was delighted with the ruling because, it says, certain legal precedents have been set.
The three farmers, Louis Fick, Michael Campbell and Richard Etheredge had been granted an order by the North Gauteng High Court to attach and sell the properties.
The order was granted after and Southern African Development Community tribunal ruled that the 2008 land seizure in Zimbabwe was illegal and racist and ordered that the evicted farmers be paid compensation.
Earlier this year the Zimbabwean government lodged an application with the courts to halt the sale of its properties. KFW Banking Gruppe is owed more than €40-million and attached the same properties that Afriforum was after.
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