CCC MP wants govt to reverse its role towards SADC Tribunal’s banning
By Nkosana Dlamini
Mutare Central legislator Brian James has challenged government to use the occasion of its much-hyped hosting of the SADC summit next month to reverse its consent to the controversial disbandment of the SADC Tribunal, a regional court that once passed a ruling declaring Zimbabwe’s violent land seizures a discrimination against White farmers by the then Robert Mugabe led administration.
Zimbabwe hosts the SADC summit in August with President Emmerson Mnangagwa set to take over the rotational SADC chairmanship.
The political event has been hyped by the Zanu PF led government as an auspicious occasion to showcase Zimbabwean hospitality and an opportunity to cast away the country’s bad image worsened by a damning 2023 election report by SADC observers who dismissed the poll outcome as not representative of the will of the people.
Speaking in parliament during the ministers’ question time, James asked the justice minister to “highlight the government policy regarding the SADC Tribunal with the euphoria surrounding the pending SADC Summit to be held here”.
Added the CCC MP, “Will the Second Republic take the opportunity to withdraw the country’s signature from the Protocol that was signed in 2012 and 2014, which effectively denied some 400 million SADC citizens their human rights to approach this epic course should they need?
“This will be a monumental act of righteousness and will enhance the credibility of Zimbabwe as a pillar within SADC, promoting the SADC Treaty principles.
“I think that withdrawing that signature will be a monumental act of righteousness to enhance the credibility of Zimbabwe and the SADC Treaty principles of democracy, human rights and rule of law for the prosperity and development of us all.”
James was asked by the deputy speaker to put his question in writing after he adjudged it to be “a specific question”.
The Namibia headquartered SADC Tribunal was disbanded at the behest of Zimbabwe after passing a ruling against the seizure of white owned land by Zimbabwe.
In its famous case that was brought by the now late Mike Campbell and a group of white commercial farmers whose land was snatched under government’s chaotic land reform programme from 2000, the Tribunal decided in 2007 and 2008 that the government of Zimbabwe may not evict Campbell from his land.
The Tribunal also ruled that farm evictions as per Amendment 17 of Zimbabwe’s constitution amounted to de facto discrimination against Whites.
Following this decision, Zimbabwe pulled out of the SADC Tribunal, challenging its legitimacy.
The 2010 SADC summit then ordered a review of the functions of the court in terms of reference of the SADC Tribunal in what led its disbandment of the court altogether by SADC.
