Ahuman
rights
advocate
has
criticised
Zimbabwe’s
compensation
framework
for
former
commercial
farmers,
warning
that
it
favours
foreign
landowners
over
local
citizens.
Ben
Freeth,
spokesperson
for
SADC
Tribunal
Rights
Watch,
made
the
comments
in
an
open
letter
to
President
Emmerson
Mnangagwa.
In
the
letter
dated
24
February
2026,
Freeth
commends
the
government
for
moves
to
compensate
the
small
percentage
of
landowners
from
countries
that
have
bilateral
investment
treaties
(BITs)
with
Zimbabwe,
however
argues
that
Zimbabwean
farmers
and
others
from
non-BIT
countries
are
treated
unfairly
and
discriminatorily.
“I
am
writing
to
you
out
of
a
deep
sense
of
love
for
Zimbabwe,
her
people
and
our
collective
future,”
Freeth
said
in
the
letter,
acknowledging
the
government’s
efforts
to
compensate
“the
0.5
percent
or
so
of
landowners
who
come
from
foreign
countries
which
have
treaty
agreements
with
Zimbabwe.”
He
specifically
cited
investors
from
the
Netherlands,
Germany,
Switzerland
and
Denmark.
“These
landowners…
are
either
being
paid
for
their
farms
or
given
the
option
to
go
back
to
their
farms,
if
they
wish
to
take
that
option,”
Freeth
said.
He
argued
that
once
these
farms
are
paid
for,
or
returned,
“the
title
deeds
and
the
rights
that
they
bestow,
will
be
good,
and
any
future
on
those
farms
will
be
able
to
be
secure
and
blessed.
Secure,
transferrable
and
bankable
property
rights
are
the
key
to
a
productive
and
prosperous
future.”
However,
he
contrasts
this
with
the
treatment
of
Zimbabwean
farmers
and
those
from
countries
without
bilateral
investment
treaties.
“Unfortunately,
the
moves
to
compensate
farmers
and
landowners
who
are
Zimbabweans
or
from
countries
that
do
not
have
bilateral
investment
treaties,
are
different,”
Freeth
said.
“Such
farmers
are
only
being
given
the
option
of
receiving
a
one
percent
payment
in
cash
for
a
discounted
valuation
of
the
improvements
on
their
farms
followed
by
a
further
one
percent.
Any
further
payments
are
due
to
be
in
government
bonds
which,
if
history
is
a
judge,
will
not
be
worth
very
much.”
Freeth
argued
this
will
create
a
dual
system
of
rights.
“We
therefore
have
a
very
weighted
system
of
favouritism
where
foreigners
are
being
allocated
massively
disproportionate
rights
over
and
above
the
rights
of
local
people.
How
can
one
group
of
people
be
allocated
more
rights
than
another
group
of
people?
This
is
discriminatory,”
said
the
spokesperson.
His
comments
come
as
some
have
said
that
many
of
the
affected
Zimbabwean
farmers
are
elderly
and
struggling
because
their
farms
were
their
pensions
and
have
nothing
to
fall
back
on.
Freeth
also
invokes
the
landmark
Campbell
case
before
the
now-defunct
Southern
African
Development
Community
Tribunal,
commonly
known
as
the
SADC
Tribunal.
“You
will
be
aware
of
the
Campbell
Judgment
in
the
regional
court
of
justice
and
court
of
last
resort,
the
SADC
Tribunal
on
28
November
2008,”
he
said
referring
to
the
ruling
that
found
Zimbabwe’s
land
seizures
discriminatory
and
ordered
compensation.
The
case
was
brought
by
commercial
farmer
Mike
Campbell
and
others.
Freeth
says
the
Government
was
ordered
to
compensate
Campbell
and
two
other
farmers
by
June
2009.
“President
Mugabe
did
not
do
so.
Nearly
17
years
later,
those
three
farmers
have
not
received
any
money,
or
any
offer
of
any
money,
as
compensation
for
their
property,”
Freeth
said,
further
alleging
that
when
the
farmers
returned
to
the
Tribunal
seeking
enforcement,
political
pressure
resulted
in
the
suspension
of
its
judges
in
2011,
leaving
the
court
unable
to
function.
“The
SADC
Tribunal
has
still
been
unable
to
deal
with
the
case…
because
the
judges
have
still
not
been
reappointed
by
SADC.”
Read: https://cite.org.zw/sadc-tribunals-17-year-suspension-denying-justice-to-millions/
Freeth
stated
although
other
farmers
involved
in
the
SADC
case
were
initially
told
they
could
continue
farming,
most
were
later
removed
during
the
tenure
of
former
President
Robert
Mugabe,
often
amid
violence.
“None
of
them
have
been
compensated
or
afforded
the
opportunity
to
go
back
to
their
farms
during
the
eight
years
since
President
Mugabe
left
office,”
he
said,
arguing
that
failure
to
address
the
SADC
judgment
undermines
investor
confidence
and
international
relations.
“In
the
interests
of
encouraging
investors
and
investment,
this
situation
needs
rectifying.
We
as
Zimbabwe
cannot
remain
in
contempt
of
a
final
and
binding
judgment
given
under
the
SADC
Treaty.”
Freeth
added
that
compliance
with
SADC
Tribunal
judgments
has
been
cited
by
the
United
States
as
a
prerequisite
for
American
investment
and
support.
His
letter
also
references
Mount
Carmel
farm,
formerly
owned
by
Campbell,
which
he
claimed
was
now
occupied
by
businessman
Paul
Tungwarara
“in
contravention
of
the
SADC
Tribunal
judgment.”
“It
is
tragic
to
note
that
the
late
Mike
Campbell…
died
as
a
result
of
the
injuries
sustained
when
thugs
abducted
him
two
weeks
before
the
court
case,
trying
to
dissuade
him
from
continuing
with
the
high-profile
case,”
Freeth
said.
Freeth
alleged
that
Tungwarara
was
also
awarded
a
US$15
million
tender
to
build
a
wall
around
State
House,
a
figure
he
contrasts
with
the
US$3
million
reportedly
allocated
in
the
national
budget
for
compensating
thousands
of
non-BIT
farmers.
“This
figure
alone
is
five
times
the
paltry
US$3
million
amount
allocated
in
the
budget
for
paying
out
the
thousands
of
farmers
who
do
not
have
the
rights
afforded
to
them
that
have
been
afforded
to
the
foreign
farmers,”
he
said.
“Locals
are
suffering
while
foreigners
and
the
elite
are
allocated
uncompensated
farms
and
large
sums
of
the
State’s
limited
resources.”
The
Zimbabwean
government
has
previously
defended
its
compensation
framework
as
a
pragmatic
approach
that
balances
constitutional
obligations
with
fiscal
realities.