Since 2000, the South African government has been in discussion with the government of Zimbabwe with regard to the issue of land reform and how it affected South African farmers in Zimbabwe. However the discussions were constrained by the absence of an investment protection mechanism between the two countries. The Bilateral Investment Protection and Promotion Agreement (BIPPA) was signed in 2009 in Harare and came into force in 2010, but Article 11 thereof, does not provide for retrospective application. The South African government, none the less continues to engage the government of Zimbabwe to intercede on behalf of South African farmers within the provisions of the International conventions and applicable South African Legal Instruments.
The available steps for compensation include provision for the matter to be negotiated between the affected farmer and the relevant Zimbabwean Authorities. The applicable Zimbabwean law in this regard will be the Acquisition of Farm Equipment and Material Act of 2004, which stipulates that compensation is only paid for improvements on the land and equipment.
The steps that the Department takes upon receipt of information that South Africans’ rights have been infringed, is to engage diplomatically with the relevant Zimbabwean authorities, in accordance with the provisions of international conventions and applicable South African legal instruments