Four SADC agreements are involved each one adopted and signed at an SADC summit. They are the 1992 SADC Treaty (all agree this was ratified and came into force on September 30, 1993; the 2000 Tribunal Protocol; the 2001 Amendment to the Treaty (Extraordinary Summit at Blantyre), and the 2002 Amendment to the Tribunal Protocol (Luanda Summit).
The Minister claims the last three have not come into force yet, because only the original treaty was ratified by Zimbabwes parliament and by enough other member states.
On that basis, the Minister claims the tribunal does not lawfully exist, although his government helped appoint all its members and has formally accepted its authority in every case heard by it.
Chinamasa suggests Zimbabwe, therefore, can ignore its rulings protecting some farmers here, including 13 South African citizens.
The 2001 treaty amendment, that he now rejects, added some words to Article 16 on the tribunal protocol. It also restructured SADC into its current format, creating its organ, troikas and so on.
Thus, the litmus test for Chinamasas sincerity is whether he says Zimbabwe must also pull out of the SADCs Organ on Politics, Defence and Security Co-operation; its Integrated Committee of Ministers; its Regional Development Fund, and its Ministerial Committee of the Organ for Politics, Defence and Security Co-operation.
Does he say that Zimbabwe should have nothing to do with any SADC troika? Does he block its secretariat from fundraising and from mainstreaming gender issues and from fulfilling all other functions introduced by the 2001 treaty amendment? Does he send Zimbabwes minister of finance or minister of economic planning (that is, an MDC Tsvangirai nominee) to the SADC Council of Ministers, rather than Zanu (PF)s minister of foreign affairs?
The answer to these questions is no. His insincerity is laid bare, and his argument can be ignored.
Post published in: News


Readers confused by conflicting arguments may recall from science classes the use of a litmus test an easy, foolproof test that quickly told everyone if something was acid or alkaline. Jarvis tries out the litmus test to see if Chinamasa (pictured) believes in his own argument.