SADC Tribunal future uncertain
By Alex Bell
17 May 2011
The future of the regional human rights court remains uncertain, amid
reports that Justice Ministers from across Southern Africa have agreed that
the court’s decisions are null and void.
A Summit of the Southern African Development Community (SADC) is set to get
underway in Namibia on Friday, where it is hoped that the future of the
human rights Tribunal will be decided. The court was effectively suspended
over Zimbabwe’s refusal to honour its 2008 ruling that Robert Mugabe’s land
grab campaign was unlawful. . The court ordered the then ZANU PF government
to protect farmers from further attack, but Robert Mugabe and his party have
repeatedly snubbed the court.
The government has argued that the Tribunal was not properly constituted and
therefore has no jurisdiction in Zimbabwe, despite Zimbabwe being a
signatory to the SADC Treaty that established the court. Controversially, a
SADC summit last year decided to review the role and functions of the court,
rather than be forced into taking action against the Zim government for its
contempt.
That review has since been concluded, and has upheld the court’s decision
and has further stated that the Tribunal was properly constituted. The
report was presented to a SADC Council of Ministers meeting last month, who
were said to have endorsed it.
But according to Zimbabwe’s state media the Ministers reportedly agreed that
the Tribunal’s rulings were null and void. Zimbabwe’s Justice Minister and
ZANU PF top dog, Patrick Chinamasa has in recent days insisted that this is
the position the Council of Ministers have adopted, ahead of the SADC Summit
this week.
Nicole Fritz, the Director of the Southern African Litigation Centre, told
SW Radio Africa’s Diaspora Diaries series on Tuesday that credible reports
and sources show that the Council has endorsed the independent report. She
explained that the recent reports suggesting otherwise have only come from
one source, and are at odds with what is being reported elsewhere.
“What is worrying and of concern is that Zimbabwe may use the upcoming SADC
Summit to try and manipulate events and alter the determination of the
Council of Ministers,” Fritz said.
Fritz added: “We hope that the SADC leadership will keep the long term
interests of the region at heart when it makes a decision on the Tribunal.
Decapitating the court at this point will be a critical blow to the region.”
Ben Freeth, from the SADC Tribunal Rights Watch group, meanwhile told SW
Radio Africa that it appears that the fate of the Tribunal will rest on
whatever decision the SADC leadership decides to take on Zimbabwe. The
regional bloc is meant to be endorsing a roadmap towards a credible election
in Zimbabwe, to end the political crisis.
However there is doubt that South Africa’s Jacob Zuma, who is the regional
mediator in the crisis, will attend the Summit, meaning Zimbabwe will not be
on the agenda. It is understood that Zuma will either be in his own country,
where municipal elections will be taking place, or in India. Sources have
said that the Zim issue will be postponed to a later meeting in Johannesburg
in June.
Freeth said that SADC will likely delay making a decision on the Tribunal
too, while the Zimbabwe issue remains unresolved. But he explained that the
Tribunal would be a critical tool for SADC if it remains committed to
democratic change in Zimbabwe.
“A fully functioning Tribunal would work in SADC’s favour, because they can
use the court to enforce the rule of law in Zimbabwe,” Freeth said.