SA: Statement by AfriForum and the SADC Tribunal Rights Watch, on legal breakthrough for Zimbabwe farmers (28/06/2013). Two important developments have now taken place in the legal campaign to ensure that Zimbabwe is unable to escape its international-law obligations arising from its land seizure programme. Yesterday the Constitutional Court dismissed Zimbabwe’s appeal against South African court orders authorising the attachment of Zimbabwean Government property in execution of awards by the SADC Tribunal. Chief Justice Mogoeng Mogoeng held: “Lawful judgments are not to be evaded with impunity by any State or person in the global village.” The Constitutional Court held that South Africa, like Zimbabwe itself, was bound to give effect to awards of the Tribunal. It noted that Zimbabwean farmers had lost their land without compensation pursuant to an “agrarian reform programme”. It held that the Tribunal’s jurisdiction was founded on the rule of law, and that the aggrieved farmers had properly had recourse to the Tribunal’s protection. The second development is that South Africa, as a SADC member State, has formally conveyed to the African Commission in The Gambia that it will not be advancing argument on the merits of the case brought by the Zimbabwean farmers before the Commission. The farmers had lodged a challenge to the decision by SADC members to suspend the Tribunal’s operation following its series of awards against Zimbabwe. The application asked for an order that would ensure the SADC Tribunal would continue to function, as established by Article 16 of the SADC Treaty. The applications were filed on behalf of Luke Tembani, a dispossessed Zimbabwean commercial farmer, and Ben Freeth, son-in-law of the late Mike Campbell of Mount Carmel farm in Zimbabwe, against the 14 SADC governments. The applicants submitted that closing the SADC Tribunal to individual access deprived 250 million inhabitants of SADC countries of access to the only international-law court in the region when justice systems have failed them in their own countries. The effect of the closure is to prevent the Tribunal from hearing cases where governments had committed human rights violations and domestic law has offered no relief. In a letter sent by the South African Embassy in Addis Ababa, Ethiopia, on June 20 to the African Commission, the embassy said that the South African Government would not be making any Submission on the Merits of the Communication. The embassy also confirmed that the South African Government would “abide by the decision of the Commission on the Communication.” The African Commission will deliberate on the issue. The case may proceed further to the African Court. “If the European Court was dissolved following an executive decision by the Heads of State of Europe without any democratic process, the world would be outraged,” commented Freeth. “Why is it that when an international regional court in Africa gets dissolved, and 250 million African citizens become subject to the whims of various autocratic governments without recourse to justice when domestic justice systems fail them, the world is so deafeningly silent?” he asked. “I am an old man, a committed Christian who contributed to food security in Zimbabwe and who built a church and school on my farm for the benefit of the community,” Tembani said. “I am devastated by the injustice committed against me and my family in Zimbabwe which has left us destitute.” “I am calling for Africans and the world to raise their voices so that younger Africans in the future may be protected from the injustices that continue to take place without recourse. It’s time that those who care about the poverty and hunger in Africa speak out for justice and the rule of law so that Africa’s potential can be unlocked and its people can thrive,” Tembani concluded. Edited by: Creamer Media Reporter SA: Statement by AfriForum and the SADC Tribunal Rights Watch, on legal breakthrough for Zimbabwe farmers (28/06/2013). Two important developments have now taken place in the legal campaign to ensure that Zimbabwe is unable to escape its international-law obligations arising from its land seizure programme. Yesterday the Constitutional Court dismissed Zimbabwe’s appeal against South African court orders authorising the attachment of Zimbabwean Government property in execution of awards by the SADC Tribunal. Chief Justice Mogoeng Mogoeng held: “Lawful judgments are not to be evaded with impunity by any State or person in the global village.” The Constitutional Court held that South Africa, like Zimbabwe itself, was bound to give effect to awards of the Tribunal. It noted that Zimbabwean farmers had lost their land without compensation pursuant to an “agrarian reform programme”. It held that the Tribunal’s jurisdiction was founded on the rule of law, and that the aggrieved farmers had properly had recourse to the Tribunal’s protection. The second development is that South Africa, as a SADC member State, has formally conveyed to the African Commission in The Gambia that it will not be advancing argument on the merits of the case brought by the Zimbabwean farmers before the Commission. The farmers had lodged a challenge to the decision by SADC members to suspend the Tribunal’s operation following its series of awards against Zimbabwe. The application asked for an order that would ensure the SADC Tribunal would continue to function, as established by Article 16 of the SADC Treaty. The applications were filed on behalf of Luke Tembani, a dispossessed Zimbabwean commercial farmer, and Ben Freeth, son-in-law of the late Mike Campbell of Mount Carmel farm in Zimbabwe, against the 14 SADC governments. The applicants submitted that closing the SADC Tribunal to individual access deprived 250 million inhabitants of SADC countries of access to the only international-law court in the region when justice systems have failed them in their own countries. The effect of the closure is to prevent the Tribunal from hearing cases where governments had committed human rights violations and domestic law has offered no relief. In a letter sent by the South African Embassy in Addis Ababa, Ethiopia, on June 20 to the African Commission, the embassy said that the South African Government would not be making any Submission on the Merits of the Communication. The embassy also confirmed that the South African Government would “abide by the decision of the Commission on the Communication.” The African Commission will deliberate on the issue. The case may proceed further to the African Court. “If the European Court was dissolved following an executive decision by the Heads of State of Europe without any democratic process, the world would be outraged,” commented Freeth. “Why is it that when an international regional court in Africa gets dissolved, and 250 million African citizens become subject to the whims of various autocratic governments without recourse to justice when domestic justice systems fail them, the world is so deafeningly silent?” he asked. “I am an old man, a committed Christian who contributed to food security in Zimbabwe and who built a church and school on my farm for the benefit of the community,” Tembani said. “I am devastated by the injustice committed against me and my family in Zimbabwe which has left us destitute.” “I am calling for Africans and the world to raise their voices so that younger Africans in the future may be protected from the injustices that continue to take place without recourse. It’s time that those who care about the poverty and hunger in Africa speak out for justice and the rule of law so that Africa’s potential can be unlocked and its people can thrive,” Tembani concluded. Edited by: Creamer Media Reporter
Posted on: Fri, 28 Jun 2013 15:02:59 +0000
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