Campbell & Another vs Government of Zimbabwe

The Tribunal then proceeded immediately to hear the farmers’ application for a ruling that Zimbabwe is in contempt of the Tribunal’s November 2008 decision. In the earlier decision the Tribunal, now presided over by former Chief Justice Pillay of Mauritius, and with senior judges from Angola, Botswana, Malawi and Mozambique held Zimbabwe’s land seizure programme in breach of the SADC Treaty’s human rights provisions.

After hearing argument today, the Tribunal adjourned to consider its ruling. On reconvening, the Tribunal delivered a unanimous decision. Chief Justice Pillay stressed that Zimbabwe had not only breached the November order, but was in contempt.

He singled out public statements by President Mugabe and by the Deputy Chief Justice of Zimbabwe, Justice Malaba, earlier this year, as well as a statement by the Deputy Attorney-General that Zimbabwe would continue to prosecute farmers protected by the Tribunal’s order.

He added that the applicants had also submitted “ample proof” of violations on the farms in recent months, either investigated by Zimbabwe Government police officials or permitted by them. In an unusual move, the Tribunal also ordered the Government of Zimbabwe to pay the farmers’ costs. Costs orders are only made by the Tribunal in “exceptional circumstances”.

The Tribunal concluded its ruling by referring Zimbabwe’s contempt to the SADC Summit for consideration of measures to be taken under the Treaty against it. These measures could include sanctions or expulsion of Zimbabwe from SADC.