Zimbabwe farmer’s case a test for SADC tribunal

By Tererai Karimakwenda
22 October, 2007

A case brought by a Zimbabwean farmer for trial, by the Southern African Development Community (SADC) tribunal in Namibia, is bound to be a test of the regional grouping’s dedication to democratic principles and the rule of law, should the judges decide there is a case to entertain. The tribunal was established in 1992 in accordance with the SADC treaty, but it’s 11 judges were only appointed in 2005 when it was finally launched. The aim was to protect the tenants of the SADC treaty, which focus on upholding good governance and maintaining the rule of law.

The situation on Zimbabwe’s farms has been violent, chaotic and lawless to say the least. And it is top military and government officials who are currently responsible for the eviction of white farmers, disregarding the law and blatantly ignoring court orders. Government has also passed legislation that is deemed unconstitutional, including Amendment 17, which denied the farmers their right to contest evictions in court. The fact that only white farmers are being targeted brings in the issue of racial discrimination, which the SADC treaty speaks strongly against.

Lawyer David Drury who is representing many white farmers who are under pressure to leave, described the importance of the case saying: “It will be an important case to establish whether or not the provisions of the SADC treaty and things like the rule of law are binding on member states and if so, whether member states who choose to flout the provisions of the treaty are to be sanctioned in one form or another, and if so what those sanctions will be.”

Drury said the SADC tribunal, unlike the African Union’s Commission on Human Rights, has the power to actually remove a member state from the Union, if it continues to contravene the provisions of the treaty. The A.U. can only call for members to comply.

SADC heads of state have so far not been aggressive at pushing for change in Zimbabwe. On many occasions the issue of abuses by the Zimbabwean authorities has been kept off the agenda. The appointment of South Africa’s president Thabo Mbeki as the SADC mediator on Zimbabwe has also been criticised because Mbeki has refused to publicly speak against the abuses. Given this background observers watching events at the SADC tribunal say they will not be holding their breath.