SADC tribunal delays Zimbabwe farm case - again

By Tererai Karimakwenda
26 November, 2007

The case brought to the SADC Tribunal in Namibia by Zimbabwean farmer Michael Campbell has been delayed for a second time, raising concerns that these are just delaying tactics. Campbell’s Mount Carmel farm in Chegutu was taken by the government and he is contesting the seizure, saying it was racially motivated and discriminates against white farmers.

The regional court was established to monitor the rule of law in member states and Zimbabwe is a signatory to the SADC Charter.

The court date was changed from November 20th to December 4th because the Tribunal registrar had failed to notify the office of the Zimbabwean President and government of the date – claiming a fax machine was not working. The case is now re-scheduled for December 11th, the day the farmer’s legal counsel Jeremy Gauntlett will not be available. Campbell brought his case to the regional court after failing to get justice in Zimbabwe. He has been waiting 9 months for a judgement on this case from the Zimbabwe Supreme Court.

In a statement released by his lawyers’ Campbell said chief counsel Jeremy Gauntlett had made himself available on six separate days in the first two weeks of December. He explained: "This was communicated verbally and in writing to the registrar and yet we are now given a date when our lead counsel cannot be there! They are aware it’s urgent, we know this is their first case and that they have no other cases so why is the court being so unreasonable in our matter?"

In the same statement, Campbell’s son-in-law Ben Freeth said he believes the delay is linked to the upcoming European Union/ Africa summit in Portugal. He said: “They don't want the case to be heard before the summit because the issues at stake are too sensitive. This is a test and so far it is not going well.”

Attorney Walton Jessop, who is on the team assisting the farmer, confirmed the delay and said their lawyers on the ground in Namibia are appealing strongly to the Tribunal not to change the date that was agreed to. He said: “Our Windhoek lawyers have made very firm, if you like, representations to the registrar saying the matter must be heard on the 4th.”

Asked if he believed there were outside forces at work, Jessop said:
“Their failure to act efficiently and fulfil their duties properly is alarming but in my view it’s not sufficient to give evidence of collusion or improper influence.”

Meanwhile Campbell himself is still recovering from injuries sustained on November 18th when he caught armed poachers firing shots on his farm. The intruders included settlers from a neighbouring farm, who abducted and dumped him at the police station. While detained Campbell was severely assaulted by police officers. He is also facing charges that he failed to vacate his property, despite the fact that there is a court order barring any interference on his operations.