A Pretoria High Court ruling yesterday finally paved the way for the sale of a R2.5-million building owned by the Zimbabwean government to compensate dispossessed farmers.

Yesterday's order follows an "absolute ground-breaking" ruling last year that allowed three Zimbabwean farmers - Louis Fick, Mike Campbell and Richard Etheredge - to have four properties attached after they were forced off their farms during the land grabs by "war veterans".

"The ruling is of historic significance. For probably the first time in international legal history, a court has ruled that the assets of a country guilty of human rights violations must be sold at public auction," said Afriforum lawyer, Willie Spies, who represented the farmers.

The Zimbabwean government appealed against the landmark ruling but the appeal was rejected, bringing into force a previous ruling that a Southern African Development Community tribunal hearing be registered in South Africa and that a costs order - of more than R200000 - was enforceable in South Africa.

Spies said the ruling gave the green light for the public auction of an 895m² property in Kenilworth, Cape Town.

The ruling will also become the focus of an SADC tribunal scheduled to be convened in Sandton on Sunday.

"The idea was to use this case as a trial run so that when the SADC tribunal convenes, the farmers can submit proof for compensation," said Spies.

In November 2008, the SADC tribunal ruled that Zimbabwe's "land reforms" were racist and illegal, and that farmers should have been compensated for the properties seized.

The tribunal's ruling allowed for the registration and enforcement of the tribunal's orders in SADC member countries.

Spies said the farmers initially listed four Zimbabwean-owned properties - with a total area of 2517m² - but another court ruled that the three other properties were protected by diplomatic immunity and could therefore not be sold.

Bought for between R525000 and R1-million 16 years ago, the other properties include a 154m² and 408m² home in Zonnebloem, and a 1060m² home in Wynberg, Cape Town.

Spies said a date for the Kenilworth auction is yet to be set, but the proceeds of the sale would be used to honour the cost orders granted last year and to partially compensate the farmers.

The Kenilworth property, from which the Zimbabwean government derives rental income, was attached in March last year.

It was also attached by German bank KFW Bank Gruppe, which claimed about R133-million from the cash-strapped Zimbabwean government.

"The significance of today's judgment is in the fact that, once the Kenilworth property has been auctioned, a proportional part of the proceeds will go to the Zimbabwean farmers," said Spies.

"Though their claim has been diluted as a result of the huge judgment debt enforced by the German banking group, the sale in execution will have symbolic meaning for the beleaguered farmers."

Spies said the farmers would register further compensation claims with the SADC tribunal.

The Zimbabwean embassy in Pretoria was not available for comment yesterday.

One of the three Zimbabwean farmers, Campbell, 78, died two months ago in Harare. His family said he died as a result of the brain injuries he sustained at the hands of war veterans sent to punish him for instituting the case.

His son-in-law, Ben Freeth, said yesterday: "It is sad that he is not around today to hear this judgment. We could not even bury him on the farm. That is where he would have wanted to be buried."

Shortly before returning to Zimbabwe yesterday, Freeth said the judgment was "exciting" because the "foundations are being laid for justice to be done".

Freeth said that his family wanted to return to their farm, Mount Carmel, but were now living in Harare.

"It's not an environment we know and understand, being in the town. We want to go back and farm."

Freeth said the farm was derelict, the mango trees were not being cared for and that the minister in Mugabe's government to whom the farm was given "comes maybe for half-an-hour, once a month".

He said that, though he was concerned for his family's safety, he had to "somehow continue exposing injustice".

Fick, a South African citizen, and Etheredge are still in Zimbabwe, but Spies said their living conditions were "very sad".

"Some of the displaced farmers live in old-age homes or on little patches of land. Most of them lost everything during the land grabs."

Campbell was forced from his farm though he had a "certificate of no interest" from the Zimbabwe government.