Afriforum, supporting the farmers, says it will continue the legal fight in other countries
A R2-billion claim against the South Africa n government by Zimbabwe an farmers' for land grabs has prescribed , the Constitutional Court has ruled.
The South African government has succeeded with a Constitutional Court challenge that has put paid to what was a R2-billion damages claim against it by 25 Zimbabwean farmers. They said the application was merely an attempt to abort a trial prior to its commencement. And this was inconsistent with the apex court's case law and fundamental constitutional principles and values.
This led to further court action and an ultimate finding by the Constitutional Court in 2018, that Zuma's signing of the protocol was unconstitutional. The government also said the particulars of claim were"vague" and raised exceptions, including that Zuma's conduct was not alleged to have been dishonest or fraudulent, and it had not been spelt out on what basis South Africa had a legal duty to foreigners.
This means that by August 2017, three years later, the claims would have prescribed. The farmers would have had to have filed their claims before then to succeed.
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