SECOND HEARING BEFORE SADC TRIBUNAL OF THE CAMPBELL MATTER

Towards the end of January 2008, the Registrar of the Tribunal offered dates at the end of March 2008 for the hearing of the main application in this matter.  The dates 25-28 March were agreed for the hearing. 

Before the formal notice of set down was sent out, the first of the four intervener applications was filed.  Formal notice of the hearing was given on 12 February 2008.  However, on 5 March 2008 the Deputy Attorney-General of Zimbabwe wrote to the Registrar requesting that the matter be postponed for various reasons including the forthcoming election in Zimbabwe and the wish of the Government of Zimbabwe to file further papers.  On 6 March 2008 the Registrar advised that the President had agreed to this postponement.  At about this time a further three applications for intervention were filed, altogether resulting in 77 persons or companies seeking to be joined in the main action.  LorentzAngula in Windhoek pushed for the hearing of the intervention applications and the President eventually directed that those applications be heard on 25 March 2008. 

The opposing affidavit, signed by the Secretary of Lands, is an interesting document.  It explicitly concedes jurisdiction to the Tribunal.  It claims that only three white farmers have been charged with a criminal offence for failing to get off the land.  It maintained that interim relief would be interpreted in Zimbabwe as a predetermination of the main issue by the Tribunal.  It sought in effect to say that the Tribunal could not undermine properly promulgated laws within Zimbabwe. 

In court the Deputy Attorney-General conceded that the 77 persons should be joined.  He would not however agree to any interim relief in their favour.  As a result, it was argued on behalf of the intervenors for such interim relief.  The basis of the argument was really that they should be treated no differently from Mike Campbell. 

The argument for the Government of Zimbabwe was somewhat confusing.  The bottom line was that the Government of Zimbabwe contended that its constitution complied with the SADC Treaty and that the subsequent derogation from that was not a matter for the Tribunal. 

The Deputy Attorney-General was questioned as to the difference in law and fact between Campbell and the 77 intervenors.  The only difference he could advance was that the 77 had sought to intervene after the Supreme Court had rendered its judgement on 22 January 2008.

At the end of the hearing the President announced that the main hearing was set for 28-30 May 2008.  Discussions then took place after the court adjourned to fix a time schedule leading up to that hearing.  It was agreed that the respondent would file any further affidavits by 25 April 2008, and that any answering affidavits thereto would be filed by 6 May 2008.  The Government of Zimbabwe was to file its heads of argument by 6 May 2008. 

The 77 intervenors were joined and received the same interim relief as Mike Campbell, and the main case thus now involves 79 applicants.