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Zim farmers: SADC Tribunal rules Mugabe govt persists in non-compliance
SADC Tribunal Rights Watch
July 16, 2010

The SADC Tribunal made another landmark ruling in Windhoek, Namibia, today (July 16) regarding the Zimbabwean government's continued violation of decisions made by the Tribunal with respect to commercial farmers affected by the country's land reform policies.

Referring to violations in a further contempt order of June 5, 2009 after the main judgement of November 28, 2008 in the Campbell farm test case, the Tribunal said in today's judgement:

The Tribunal found that the Respondent (the Zimbabwe Government), had failed to comply with the decision in the former case (28 November 2008) and reported such failure to the Summit to take appropriate action . . . Despite this the Respondent has continued to violate the decision of the Tribunal."

Today's ruling listed three areas, "amongst others", where the Zimbabwe Government has "continued to violate the decision of the Tribunal" and therefore the SADC Treaty.

Justice Mtambo said: "Firstly, there is abundant evidence before us to the effect that the lives, liberty and property of all those whom the decision meant to protect have been endangered."

Secondly, the letter from the Zimbabwe Minister of Justice and Legal Affairs, Patrick Chinamasa, was cited. Chinamasa noted that "any decisions that the Tribunal may have made or may make in the future against the Republic of Zimbabwe are null and void."

Thirdly, the refusal of Justice Bharat Patel to register the judgement in the High Court of Zimbabwe announced by Patel on January 26, was cited as a reason for Zimbabwe's continued violation.

The ruling recalled that the Campbell case "directed the Respondent (the Zimbabwe Government) to take all necessary measures through its agents to protect the possession, occupation and ownership of the land of the applicants and to take all appropriate measures to ensure that no action is taken directly or indirectly, whether by its agents or others, to evict the applicants from, or interfere with their peaceful residence on the land."

The applicants were given costs in the matter.

Expressing his appreciation to the SADC Tribunal, Mike Campbell said from Harare: "They have burnt my house with all its contents, they have looted my crops and my tractors, they have tortured my workers, they have killed my animals, they have stripped my farm, they have beaten me to within an inch off my life - from which I have never recovered - it is now time that SADC acted."

Ben Freeth, who farmed Mount Carmel with Campbell, says his father-in-law is currently in very poor health as a result of his abduction and beating just two days after the Presidential run-off election.

During the vicious beating of Campbell, his wife Angela and Freeth, Zanu PF agents tried at gunpoint to force them to withdraw their case from the Tribunal.

Impact of land grab

The impact of the chaotic and violent land grab continues to be felt across Zimbabwe. This season's wheat crop is set to be a mere three percent of the total crop grown a decade ago and the country continues to rely heavily on food aid.

The Commercial Farmers' Union estimates a wheat crop of just 10,000 tonnes, down from 300,000 tonnes before the illegal farm invasions began in 2000. Despite the SADC-brokered Global Political Agreement (GPA), invasions and looting have continued unabated.

This has destroyed the country's ability to feed itself and ruined the entire commercial farming industry, depriving tens of thousands of additional farm workers of their jobs and livelihoods.

"Given that SADC has guaranteed the GPA and that SADC has put in place the Tribunal, it is up to SADC to take very stern measures to make sure the Zimbabwe Government, which includes Prime Minister Tsvangarai addresses the collapse of the rule of law and the human rights abuses that continue unchecked in the rural areas," said Freeth.

Freeth, who continues to monitor violations of the SADC rulings through a grouping called SADC Tribunal Rights Watch, is concerned at Tsvangirai's lack of action regarding the ongoing violations of farmers and farm workers.

"To date we do not know of a single commercial farm or a single police station that the Prime Minister has visited while the Zanu PF elite continues to commit human rights violations and other crimes," said Freeth

"If the Prime Minister is hamstrung by the GPA, it is his responsibility to call on peace keepers from outside to protect the Zimbabwean people," he concluded.

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