AG dismisses ACHPR land judgment
Thursday, 22 November 2012 00:00
Farirai Machivenyika Senior Reporter
Attorney-General Johannes Tomana yesterday said a recent judgment by the
African Commission on Human and People’s Rights to hear the case of a former
commercial farmer seeking to reverse the land reform programme was
insignificant. The ruling was made at a session of the ACHPR held in Cote d’Ivoire
last month but was made public on Tuesday in favour of Ben Freeth and his
co-plaintiff Luke Tembani.
Mr Tomana said he was yet to be notified of the case that he said had no
bearing on land tenure in Zimbabwe.
“I have not heard of that ruling, but it would not surprise me because it
(ACHPR) is a forum that anyone can go to and complain,” he said.
“It would be up to the commission to approach all the parties involved in
the matter and our course of action will be determined by what they will
say.
“However, if they want to challenge the land reform programme, that case has
been dealt with by Sadc and I do not see how any other tribunal will deal
with the matter.”
Mr Freeth and the late Mike Campbell approached the now defunct Sadc
Tribunal seeking to reverse the land reform programme.
They won their case before Zimbabwe appealed against the ruling arguing that
the tribunal was improperly constituted.
The Government also argued that the tribunal could not override domestic
courts of sovereign countries, leading to the suspension of its operations
and eventual disbandment last year.
The Sadc heads of state and government have since tasked ministers of
justice and attorneys-general in the region to reconstitute the tribunal and
come up with new mandates.