Zimbabwes beleaguered farming community have been left outraged this week by the total silence from leaders of the Southern African Development Community (SADC), over the governments snub of the regions human rights court.SADC leaders, gathered in the Democratic Republic of the Congo this week, have made absolutely no mention of the latest move by the government, which flies in the face of the rules and standards of the regional bloc. It was revealed last week that the government has decided to pull out of the SADC Tribunal, after Justice Minister Patrick Chinamasa declared the Tribunal unlawful. Chinamasa said the Government would not be bound to any decisions already made, or any future rulings by the regional court, in a move that could close off all possible legal avenues for Zimbabwes beleaguered commercial farmers to seek redress.
As we are unaware of any other basis upon which the Tribunal can exercise jurisdiction over Zimbabwe, we hereby advise that, henceforth, we will not appear before the Tribunal and neither will we respond to any action or suit instituted or be pending against the Republic of Zimbabwe before the Tribunal, Chinamasa reportedly wrote in a letter sent to the registrar of the Tribunal last month.
The move has been described as a last-ditch attempt to avoid possible sanction by SADC, with analysts arguing that Zimbabwe would effectively be withdrawing from SADC if it refuses to adhere to the courts rulings. As a SADC member and signatory to the SADC protocol, Zimbabwe is bound by law to respect the rulings, and as such it was expected that the pull-out would see the government facing some form of criticism by SADC leaders.
But no such criticism or even mention of the move has been forthcoming, with SADC once again proving its long-standing loyalty to Robert Mugabe.
Chegutu farmer Ben Freeth, whose home was burnt down last week in what was widely believed to be an arson attack by land invaders, told SW Radio Africa on Wednesday that he is appalled that there has been no mention of the move, which he said further threatens the future of agriculture in Zimbabwe.
We have yet another disaster season on the horizon, Freeth said. Unless the government or SADC does something, things will continue to spiral. The government can no longer pretend that nothing is wrong in the country.
Freeth is one of more than 70 farmers who took their case against the government to the SADC Tribunal. Led by Freeth’s father-in-law, Mike Campbell, the farmers walked away victorious last year after a landmark ruling declared the land reform programme illegal and discriminatory. The government was ordered to protect the farmers right to their land, in a move that was meant to offer the farmers legal protection from future land attacks.
But the government ignored the ruling, with Mugabe earlier this year going as far as to call the Tribunals orders null and void. The dictator went on to condone the renewed and ongoing offensive against the remaining commercial farmers, which has seen more than 80 farms forcibly seized, this year alone. As a result, the farmers returned to the Tribunal to seek an implementation order on the government. The court ruled the Zimbabwe government in contempt and referred the matter to this weeks summit in Kinshasa. But it was not addressed at the summit.
The farmers lawyers have dismissed the move to pull out of the Tribunal, but Freeth on Wednesday argued that, regardless, SADC is duty bound to take some kind of action. He said he is puzzled by the prevailing silence by SADC leaders on a matter that threatens the regional blocs own reputation.
In any other part of the world this situation would be dealt with as a matter of priority, but SADC just wont deal with it and it is very strange, Freeth said.
Freeth was speaking on the eve of a meeting in Johannesburg Thursday evening, set to deliberate of the future of agriculture in Zimbabwe and the role of SADC in taking the region forward. The meeting, at which Freeth is the key note speaker, aims to provoke a different kind of thinking on how to rethink the Zimbabwean situation; other SADC member states in conflict at the moment and what we as a people can do to get Governments to respect the Rule of Law and deliberate on what we can do as a people to make our states and institutions work. Our value system as a people has to be redefined and our way of life has to improve but that can only happen when our regional bodies and our states begin to work and work for the people.
Post published in: News