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SADC Tribunal to deliver landmark judgement on Zim farmers' test case
Glyn Hunter International
November 27, 2008

A historic judgement on an application by Zimbabwean commercial farmer Mike Campbell against the seizure of his land by the Mugabe government will be delivered by the Southern African Development Community (SADC) Tribunal in Windhoek, Namibia, on Friday 28 November at 09h30.

The Tribunal was launched in 2005 as the court of last appeal within the region where SADC citizens would be able to go should justice not prevail in their own countries.

In December 2007, the Tribunal ruled that Campbell should be given protection on his Mount Carmel farm until the main matter could be finalized.

During March this year, 77 other farmers and their workers were given protection along with Campbell. However, this ruling has not been respected by the Zimbabwean government.

Operating with impunity, it has continued to victimise and prosecute commercial farmers - many of whom were protected by the SADC ruling - for attempting to continue farming operations in the face of rapidly rising starvation levels countrywide.

On Sunday June 29, just two days after the violence-ridden Presidential run-off election, Campbell, together with his wife Angela and son-in-law Ben Freeth, were brutally attacked and abducted from their farm in the Chegutu district.

They were taken to a notorious militia camp where they were severely beaten and tortured for hours late into the night. Then, with guns held to their heads, they were forced to sign a piece of paper stating they would withdraw the case from the SADC Tribunal.

In July, the Tribunal found the Zimbabwean government to be in contempt of court and the matter was referred to the SADC Heads of State.

Since then, the Zimbabwean government has deliberately defied the Tribunal ruling and prosecutions have continued.

For example, Paul Stidolph, who was granted protection by the Tribunal, is being prosecuted for allegedly failing to vacate his farm which was taken over by an army general.

He is due to appear in court on Friday November 28, the same day that the Tribunal issues its judgment on the main matter.

Digby Nesbitt, who is also protected by the Tribunal, has an assistant commissioner of police living illegally in his house alongside him and men with guns continuously intimidate him and prevent him from farming.

Another commercial farmer who is on the list of protected farmers, Deon Theron was prosecuted and forced to leave his property.

Tragically, more than 80 of Theron's dairy cows starved to death after a reserve bank official took over his farm and the cattle were given neither access to grazing, nor alternative feed.

"Since the country continues to face chronic shortages of milk, and malnutrition has escalated dramatically, the loss of the dairy cows, and their needless suffering is criminal," said Freeth.

The main judgement taking place in Windhoek on Friday will centre on three key issues:

• Can the Zimbabwean government take property without the right to a hearing in a court, as it is currently doing with impunity?
• Is the Zimbabwean government obliged to pay fair compensation within a reasonable period if it takes property from the legal owners?
• Is it legitimate for the Zimbabwean government to operate in a discriminatory matter where property is taken only from the whites and given almost exclusively to black cabinet ministers, Zanu PF legislators, judges, security force personnel and other senior civil servants and party members?

The forthcoming judgment in this landmark property rights case is very significant in the history of the SADC region.

It will be the first time that the court has made a final ruling and it will be the first time that SADC has used the Tribunal building.

The judgement will set the tone as to whether property rights will be respected in the 14-member country grouping in the future.

It will also set a precedent regarding discrimination issues and whether they will be allowed to persist in SADC.

However, the crux will hinge on whether the SADC heads of state decide to take firm action - with a peace-keeping force if necessary - to ensure that Zimbabwe respects the rule of law; or whether the state of lawlessness will be allowed to prevail.

The SADC judgement will be made against the backdrop of the grave humanitarian crisis which is spiralling rapidly out of control in Zimbabwe.

Levels of starvation have increased alarmingly and aid organisations are currently feeding more than 3.8 million people, many of whom have no access to medical care, clean drinking water or sanitation.

In January, this figure will rise to around 5.5 million of the estimated 7-8 million people left behind in the country. In 2000, the year of the land invasions, the population was estimated at 12.5 million.

The hunger stems directly from the lawlessness and disrespect for property rights that has criminalised farmers for trying to produce food for the people.

"It is critical to the future of the Zimbabwean people that the international community ensures the SADC tribunal judgment is respected and that farmers and their farm workers are properly protected from future prosecutions and acts of intimidation," said Freeth.

He expressed disappointment that a bus which had been organised to transport a group of the 77 farmers to Windhoek to hear the judgement was denied a temporary export permit by the Zimbabwean authorities.

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