THE Supreme Court has thrown out with costs an application by white former commercial farmers challenging the constitutionality of government’s compulsory acquisition of land under the country’s land reforms.

Nine members of the Commercial Farmers’ Union (CFU) had claimed racial discrimination arguing only white farmers were being prosecuted on land issues adding that only white-owned land was being acquired for re-distribution.

The former white farmers also complained that they were not being considered for land allocation under the contentious reforms.

However, Chief Justice Godfrey Chidyausiku dismissed the application saying the applicants had failed to prove or cite any black farmers who were in breach of the same law.

"They cannot be heard to complain that only white commercial farmers are being prosecuted. What is the Attorney-General supposed to do if it is only white farmers who are breaking the law?

"It is an abuse of court process for the applicants to approach this court seeking an interdict against the AG in these circumstances," said the Chief Justice.

Chidyausiku said the farmers were best advised to comply with the law by vacating acquired land.

"If they have any legal claim to the acquired land, or arising from the acquired land, they can launch proceedings after vacating the acquired land as is required by law.

The Chief Justice reiterated that the Supreme Court’s decision was final and was not bound or influenced by the SADC Tribunal.

He said subjecting the Supreme Court to the SADC Tribunal or any other courts defeated the idea of it being the country’s highest court.

However Chidyausiku ruled that the seizure of farm equipment — if it did occur — was unlawful and contrary to the Acquisition of Farm Equipment or Material Act.