Ben Freeth: Beware SA – EWC looks a lot like Zim’s 1992 foundational land grab law

Meet the remarkable former Zimbabwean farmer turned land restitution activist Ben Freeth, whose victory in a SADC Tribunal triggered the Mugabe/Zuma axis’s abolition of the highest court for 400 million Southern Africans. In this powerful interview with BizNews editor Alec Hogg, unbowed Freeth explains how a recently promulgated South African law has parallels with Zimbabwe’s initially ignored 1992 Act was the foundation for events that transformed his country from bread basket to basket case.

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BizNews Reporter ___STEADY_PAYWALL___

Zimbabwe’s tumultuous history with land reform serves as a cautionary tale for South Africa, as concerns mount over the Expropriation Without Compensation (EWC) Act. Ben Freeth, a Zimbabwean farmer-turned-activist, recounts his harrowing experience with Zimbabwe’s land seizures and the broader implications for rule of law, property rights, and economic stability.

A country’s descent into chaos

Freeth’s family had deep agricultural roots in Africa, with his father arriving in Zimbabwe after its independence in 1980. He himself invested his life and resources into farming, marrying in 1994 and settling permanently in the country. However, Zimbabwe’s land reform policies, initially framed as necessary redress for colonial injustices, soon devolved into economic catastrophe and violent upheaval.

In 1997, the Zimbabwean government, under Robert Mugabe, listed 1,472 farms for expropriation. Freeth, like many farmers, initially had faith in legal processes that allowed them to object based on productivity and economic contribution. However, by 2000, as Mugabe faced mounting political opposition, the state abandoned legal niceties.

“War veterans” and state-backed militias descended upon farms, intimidating workers, burning homes, and, in some cases, committing acts of violence, including murder. Freeth and his family endured beatings, abductions, and the eventual destruction of their farm and home. All the while, law enforcement stood by, complicit in the chaos.

Parallels with South Africa’s EWC

Freeth sees disturbing similarities between Zimbabwe’s land reform trajectory and South Africa’s recent adoption of EWC. While the ANC government assures citizens that it will not abuse the law, Freeth warns that similar assurances were made in Zimbabwe—before mass land seizures spiralled out of control.

“Laws like these are not passed without the intention to use them,” Freeth cautions. “In Zimbabwe, we were told that only unproductive land would be taken and that proper procedures would be followed. But when the time came, productivity, employment, and economic contribution did not matter.”

South African farmers and landowners must take proactive steps, Freeth insists, including supporting strong legal challenges and ensuring that institutions like the Southern African Development Community (SADC) Tribunal remain functional as safeguards against state overreach.

Despite Zimbabwe’s collapse into lawlessness, Freeth and his family fought back through legal channels. In 2008, they won a landmark judgment in the SADC Tribunal affirming their right to remain on their land. The ruling was binding, yet Mugabe’s regime simply ignored it. Soon after, Freeth’s farm was overrun, his home burned to the ground, and the tribunal itself was shuttered through Zimbabwe’s political manoeuvring.

Freeth then took his fight beyond Zimbabwe’s borders, lobbying the U.S. government to incorporate international rulings into legislation. His efforts contributed to the Zimbabwe Democracy and Economic Recovery Act (ZDERA), which restricts international financial aid to Zimbabwe unless the country restores the rule of law and property rights.

Lessons for South Africa

Freeth’s story underscores the danger of apathy. He warns South Africans against assuming that political leaders will exercise restraint once given extraordinary powers over private property.

“If you have a law that allows the government to take property without compensation, it will eventually be used, no matter the initial promises,” he says.

He urges South Africans to support civil society organizations challenging EWC, to engage in legal battles to overturn unconstitutional land seizures, and to ensure that regional courts like the SADC Tribunal remain robust. Beyond the legal fight, he calls on citizens to resist fear and apathy, emphasizing the power of grassroots activism and, in his own case, faith.

The road ahead

Today, Freeth continues his activism, working to reestablish rule of law in Zimbabwe while assisting impoverished communities through farming initiatives. He acknowledges that the fight is long and arduous, but remains hopeful that, in time, justice will prevail.

His final message to South Africans? “Stand by the law. Stand by property rights. Don’t wait until it’s too late.”

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