Top lawyers say SADC turning its back on human rights
By Alex Bell
03 June 2011
Top lawyers in the Southern African region have told SW Radio Africa that
leaders in the Southern African Development Community (SADC) are turning
their back on human rights, by dissolving the region’s human rights
Tribunal.
Concern is still high after the shock decision by SADC leaders to close the
court, with growing warnings about what this will mean for the rule of law
across Southern Africa. The move has been described as regressive and a
serious threat to human rights, the rule of law, and the regional bloc’s
credibility, because it means there is now no independent court in the
region to protect citizens’ rights.
The court was dissolved last month by leaders in the Southern African
Development Community (SADC), over Zimbabwe’s refusal to honour the court’s
ruling on the land grab campaign. The court ruled in favour of a group of
Zimbabwean farmers in 2008, in a landmark case led by Chegutu farmer Mike
Campbell and his son in law Ben Freeth. The court ruled that land reform was
unlawful and ordered the Zim government to compensate farmers for lost land
and to protect farmers against future illegal invasionsw by land grabbers.
That ruling, described at the time as one of the most significant in SADC’s
legal history, should have been binding because Zimbabwe is a signatory to
the SADC Treaty. But the then ZANU PF government snubbed the court, saying
repeatedly that it had no jurisdiction in Zimbabwe.
Last year a SADC summit decided to review the role of the court and
suspended it for six months, rather than force Zimbabwe to honour the
Tribunal’s rulings. This review has been concluded and has not only upheld
the rulings regarding Zimbabwe’s land grab, but has also upheld the court’s
jurisdiction.
But SADC leaders have again appeared to show a worrying allegiance to
Mugabe, by dissolving the court for at least another year, saying more time
is needed for another review.
Elize Angula, a top Namibian lawyer who represented Campbell and Freeth
during their landmark Tribunal case, told SW Radio Africa on Friday that the
decision is “a very sad moment in legal history.”
“When the court ruling was made in the Campbell case the judge said that
they were building a house of justice. But this decision by SADC basically
destroys this whole idea of a house of justice,” Angula said.
She added that the ruling on Zimbabwe was not just significant for the
farmers, explaining how “that case opened up the door for human rights cases
to be heard.” She said that “this decision now has a very serious impact on
everyone in the region.”
“This is a sign of the lack of political will by SADC leaders to discipline
one of their members. And it is also a sign that there is very little
respect for the human rights of SADC citizens,” Angula said.
Nicole Fritz, the Director of the Southern African Litigation Centre, said
the court’s suspension could be described as “sabotage” by SADC leaders. She
warned that the rule of law, already being flouted in Zimbabwe, was under
threat across the entire region.
“What you have now is a situation where the rule of law is being put on
hold. SADC is in danger of completely turning its back on human rights over
this decision,” Fritz said.
Meanwhile, the Commercial Farmers Union (CFU) has said that Zimbabwean
farmers will seek justice through international courts. The CFU’s Deon
Theron is quoted as saying that the farmers will not be “deterred,” from
their legal battle.