[I disagree. Technically, the White farmer won in court. But, there are many “ifs” and “buts” surrounding this. For example, (a) The Govt must compensate him financially (b) The Govt must find a home for the 40,000 Black squatters. The question I pose is: Will either of these things happen? Remember this: Many White farmers in Zim also won their cases in court, and then things were conveniently changed by the Govt and they walked out with nothing. So, just because this guy had his day in court and he won… means little… The Govt could leave those 40,000 squatters there for years. As the news reports state, originally there were only 400 squatters in 2000. That has grown to 40,000. What’s to say that by 2006, for example, there aren’t 50,000 squatters on his farm and then the Govt turns around and says: Sorry they have to stay there because we can’t find a place for them to stay. NOTE: The squatters CANNOT BE UPROOTED. The Court said that the Govt must find a place for them to stay. In reality, the Govt could sit on its bum and do nothing and 10 years from now there will be 100,000 or more squatters there and the farmer can do nothing. I don’t believe for one second that this White farmer will ever get his land back. Watch… these Blacks are cunning liars… and they will drive him insane with their bureaucracy and in the end, he will walk away with nothing. Jan]

A white South African farmer whose land was invaded by 40,000 squatters has been awarded compensation by the country’s highest court.
Braam Duvenhage was entitled to damages from the state because it had failed to protect him from the land invasion, the Constitutional Court ruled.

Police refused to intervene after the squatters occupied part of his family’s farm at Modderklip, near Johannesburg.

The case has been seen as a test case of farmers’ property rights.

Disregarding farmers’ rights was “a recipe for anarchy”, the ruling said.

Eleven years after the end of apartheid, white farmers still own much of South Africa’s most fertile land but the government says it will not forcibly seize land, as in neighbouring Zimbabwe.

No evictions

The amount of compensation has not yet been set and the state can appeal against the decision.

The ruling by acting Chief Justice Pius Langa comes after a five-year legal battle by Mr Duvenhage, which began when 400 squatters moved onto his land in mid-2000.

The numbers grew steadily and the area – consisting of 50 hectares of the 2,400-hectare farm – is now known as the Gabon informal settlement.

“I find that it was unreasonable of the state to stand by and do nothing in circumstances where it was impossible for Modderklip to evict the occupiers because of the sheer magnitude of the invasion and the particular circumstances of the occupiers,” the judge said.

He said the family were entitled to compensation, to be backdated to 31 May 2000 and paid by the Department of Agriculture and Land Affairs.

He also ruled that the squatters could stay on the land until alternative accommodation was made available by the authorities.

Source: BBC
URL: http://news.bbc.co.uk/1/hi/world/africa/45449…/p>