Zimbabwean commercial farmers Louis Fick, Mike Campbell and Richard Etheredge attached the property in March this year following an order of the North Gauteng High Court enforcing a ruling by the Southern African Development Community (SADC) Tribunal against the Zimbabwe government.
After the attachment of four properties by AfriForum’s lawyers on behalf of the Zimbabwean farmers, a German banking group, KFW Bank Gruppe, also attached the properties and went ahead with arrangements for an auction.
The Zimbabwe government brought the court application against KFW Bank Gruppe as well as the three farmers. The banking group is owed more than €40 million by the Mugabe government.
The farmers and their workers have suffered relentless victimization and the destruction of their farms and livelihoods, despite the SADC Tribunal ruling that they should be allowed to continue farming operations unimpeded by the Zimbabwe government.
The significance of Monday’s judgment is in the fact that once the Kenilworth property has been auctioned, a proportional part of the proceeds will go to the Zimbabwean farmers.
Although their claim has been diluted as a result of the huge judgment debt enforced by the German banking group, the sale in execution will have significant symbolic meaning for the beleaguered farmers.