The matter, the first to be brought before the Tribunal since its 2000 formation, was set for today but could not proceed apparently because Harare had not been notified of the matter.
The farmer, William Michael Campbell, 75, wants the Tribunal to interdict Mugabe from interfering with operations at his Mount Carmel Farm pending a full hearing on the legality of Harare’s controversial programme to seize land from whites for redistribution to landless blacks.
“The office of the Tribunal’s Registrar, which was tasked with the responsibility of serving the notice, is unable to provide proof of service (of the notification) on the respondents,” the farmer’s lawyers said in a statement. “All attempts are being made to set the matter down for December 4,” they added.
Zimbabwe Attorney General Sobuza Gula-Ndebele was not immediately available for comment on the matter.
Campbell wants Harare’s land reforms declared racist and illegal under the SADC treaty adding that Article 6 of the SADC treaty bars member states from discriminating against any person on the grounds of gender, religion, race, ethnic origin and culture.
Zimbabwe is a signatory to the SADC treaty.
The farmer also wants the Tribunal to rule that the government of Zimbabwe is in breach of its obligations as a member of SADC after it signed into law Constitution of Zimbabwe Amendment No.17 two years ago.
The constitutional amendment allows the Harare government to seize farmland without compensation and bars courts from hearing appeals from dispossessed white farmers.
Campbell has already appealed against the amendment at the Supreme Court of Zimbabwe, but the court reserved judgment on the matter last March.
Harare’s controversial farm seizures have resulted in the majority of the about 4 000 white farmers being forcibly ejected from their properties. Only about 400 farmers have retained their farms since the land reforms began in 2000.
Meanwhile Campbell, who is facing charges in Zimbabwe for refusing to vacate his farm which the government says has been earmarked for expropriation, was at the weekend assaulted at his farm by suspected poachers.
However, in a bizarre twist the police have pressed charges against Campbell for allegedly pointing a firearm against the suspected poachers. – ZimOnline
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