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SADC's
response acknowledges that Mugabe is not head of state
Southern Africa Litigation Centre (SALC)
October 15, 2008
http://www.southernafricalawcenter.org/salc/newsroom/newsdetail.aspx?id=341540405
The Southern African
Development Community (SADC) filed a reply yesterday in Windhoek,
Namibia in response to an urgent application brought before the
SADC Tribunal in which they acknowledged concerns regarding Mugabe's
recognition as head of state as "legitimate".
The application sought
the suspension of SADC's invitation to Robert Mugabe to attend
the SADC Summit in August and an order that SADC, its organs and
institutions refrain from allowing Mugabe and his government to
participate in SADC more generally as representatives for the Republic
of Zimbabwe.
The application
was brought by the Zimbabwe
Exile Forum (ZEF), a South African-based NGO, working with people
who have fled from the political violence in Zimbabwe. It is being
assisted by SALC, Namibia's Legal Assistance Centre (LAC)
and South African advocate, Richard Moultrie.
Eight months after the
initial presidential elections, Zimbabwe still does not have a democratically
elected government in place.
Article 4 of
the SADC Treaty invoked by the applicants includes "human rights,
democracy and the rule of law" as its founding principles.
The treaty also says the summit, the supreme policy-making institution
of SADC, consists of "the Heads of State or Government of all
Member States".
Gabriel Shumba, Director
ZEF, said that "Given Mugabe's recent attempts to unilaterally
convene a government in violation of the negotiated peace agreement,
this response from SADC arguing that the peace process is continuing
is worrisome. If SADC does indeed believe these concerns are legitimate
then it must step up and embrace its role as the key regional institution
and remove any official recognition of Mugabe as a representative
for the Republic of Zimbabwe."
Priti Patel, Acting Director
of SALC, "SADC should be applauded for acknowledging that concerns
regarding its recognition of Mugabe as head of state were legitimate.
But SADC's response thus far has been woefully inadequate
in ensuring a democratic and peaceful transition in Zimbabwe."
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