Government of the Republic of Zimbabwe v Fick and Others

White commercial farmers whose land was compulsorily expropriated by the Government of Zimbabwe under its land reform programme approached the SADC Tribunal, alleging violations of human rights, the rule of law, and denial of access to courts. The Tribunal ruled in their favour and later granted a costs order against Zimbabwe after it failed to comply with the merits judgment. Zimbabwe ignored the costs order. The farmers then approached the North Gauteng High Court in South Africa to register and enforce the Tribunal’s costs order against Zimbabwean property in South Africa. Zimbabwe resisted enforcement, relying on sovereign immunity and arguing that the SADC Treaty and Tribunal Protocol were not binding or properly incorporated into South African law.

Leave to appeal was granted, but the appeal was dismissed. The registration and enforcement of the SADC Tribunal’s costs order in South Africa were upheld, and Zimbabwe’s rescission application failed.

This case affirmed South Africa’s commitment to international and regional rule-of-law institutions and clarified that decisions of international tribunals such as the SADC Tribunal can be enforced in South African courts. It established that foreign states may waive sovereign immunity by treaty and reinforced the constitutional principle that South Africa must honour its international obligations, particularly those linked to human rights and access to justice.