Farmers win at SADC Tribunal – for the third time

JOHANNESBURG The Southern African Development Community (SADC)s human rights court last Friday ruled for the third time against the Zimbabwean government, finding Harare guilty of ignoring orders to stop farm seizures and to compensate owners whose properties were taken.

The SADC Tribunal said Harares refusal to obey orders was in violation of the SADC Treaty, adding it wowuld once more report Harare to the SADC heads of state and government.

The Tribunal in November 2008 declared President Robert Mugabes chaotic and violent land reform programme discriminatory, racist and illegal under the SADC Treaty.

The Tribunal directed the Zimbabwe government not to seize land from the 79 farmers who had appealed to the Namibia-based court and said Harare must compensate those it had already evicted from their farms.

Mugabe ignored the ruling while his supporters have stepped up a campaign to drive Zimbabwes few remaining white farmers off the land.

In addition, Harare High Court Judge Bharat Patel last January ruled that Zimbabwe was bound by rulings of the regional court but said the order on farm seizures could not be implemented because it was against public policy.

In todays judgment the regional court said: The respondent (the Zimbabwe government), had failed to comply with the decision in the former case (28 November 2008) and reported such failure to the Summit to take appropriate action despite this the respondent has continued to violate the decision of the Tribunal.

Under the regional Treaty, the Tribunal can only refer uncooperative member-states to the SADC summit of leaders who have powers to take action against offending members.

Regional leaders have to date not acted against Harares refusal to abide by Tribunal rulings.

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