Government may be forced to pay up to R500-million to Von Abo,
the SABC reported. His lawyer, Ernst Penzhorn was quoted as saying
the ruling proved the South African judicial system was working.
Last year, the Constitutional Court declined to confirm an order
that would have made the president responsible for Von Abo's
struggle to get diplomatic protection from Zimbabwe's land
seizures.
Like many other land owners, he was not compensated for his
losses and, after exhausting his legal options in Zimbabwe, turned
to the South African government for diplomatic protection. He had
been trying to get the South African government to intervene for
the past eight years.
He eventually took the government of South Africa, the president
and the ministers of international relations, trade and industry
and justice and constitutional development to court, arguing
diplomatic protection was his constitutional right and he was not
getting it.
He won the case in the High Court in Pretoria and asked the
Constitutional Court to confirm it.
There were several delays as the government tried to show the
Constitutional Court it was taking steps to address Von Abo's
concerns, and it had been trying to secure diplomatic protection
for him.
The Constitutional Court ruled that because the government had
not asked for leave to appeal the Pretoria court's ruling, and that
it had been trying to show how it was complying with the judgment,
it would not make a confirmation ruling on the government's conduct
because it was trying to comply with its obligations.
The court said it was reluctant to have to confirm every court
finding against a Cabinet minister or government official, as this
would blur the functions of other courts and bog its own court
down.


