SADC tribunal postpones Zimbabwe farmer case

A REGIONAL Tribunal has agreed to postpone a case in which a white Zimbabwean farmer is contesting the seizure of his land until after the country’s March 29 elections.

The Southern African Development Community (SADC) Tribunal, which last December temporarily barred Harare from seizing the farmer’s property, had set down the matter for hearing on March 25, just three days before Zimbabwe’s presidential, parliamentary and local government elections. Tribunal Registrar Charles Mkandawire said the Namibia-based court would give President Robert Mugabe’s government time to organise elections before setting a new date for the hearing of the matter.”The government of Zimbabwe wrote to us indicating that they had many logistical problems on the ground which might prevent it from arguing the case.They cited many things among them the coming elections,” said Mkandawire, a Judge of the Malawi High Court.”We will give the party time to sort out these as they have argued that because of what is happening on the ground in Zimbabwe they won’t be able to bring to court their crucial witnesses as they will be busy at the time,” he said.The farmer, Michael Campbell, wants the SADC court to find Harare in breach of its obligations as a member of the regional bloc after it signed into law Constitution of Zimbabwe Amendment No 17 two years ago.The amendment allows the government to seize white farmland – without compensation – for redistribution to landless blacks and bars courts from hearing appeals from dispossessed white farmers.Campbell has also asked the Tribunal to declare Zimbabwe’s land reforms racist and illegal under the SADC Treaty, adding that Article 6 of the Treaty bars member states from discriminating against any person on the grounds of gender, religion, race, ethnic origin and culture.A ruling declaring land reform illegal would have far-reaching consequences for Mugabe’s government, opening the floodgates to hundreds of claims of damages by dispossessed white farmers.Such a ruling could also set the Harare government on a collision course with its SADC allies particularly if it – as it has always done with court rulings against its land reforms – refuses to abide by an unfavourable Tribunal judgment.Farm seizures are blamed for plunging Zimbabwe into severe food shortages after the government displaced established white commercial farmers and replaced them with either incompetent or inadequately funded black farmers.Zim OnlineTribunal Registrar Charles Mkandawire said the Namibia-based court would give President Robert Mugabe’s government time to organise elections before setting a new date for the hearing of the matter.”The government of Zimbabwe wrote to us indicating that they had many logistical problems on the ground which might prevent it from arguing the case.They cited many things among them the coming elections,” said Mkandawire, a Judge of the Malawi High Court.”We will give the party time to sort out these as they have argued that because of what is happening on the ground in Zimbabwe they won’t be able to bring to court their crucial witnesses as they will be busy at the time,” he said.The farmer, Michael Campbell, wants the SADC court to find Harare in breach of its obligations as a member of the regional bloc after it signed into law Constitution of Zimbabwe Amendment No 17 two years ago.The amendment allows the government to seize white farmland – without compensation – for redistribution to landless blacks and bars courts from hearing appeals from dispossessed white farmers.Campbell has also asked the Tribunal to declare Zimbabwe’s land reforms racist and illegal under the SADC Treaty, adding that Article 6 of the Treaty bars member states from discriminating against any person on the grounds of gender, religion, race, ethnic origin and culture.A ruling declaring land reform illegal would have far-reaching consequences for Mugabe’s government, opening the floodgates to hundreds of claims of damages by dispossessed white farmers.Such a ruling could also set the Harare government on a collision course with its SADC allies particularly if it – as it has always done with court rulings against its land reforms – refuses to abide by an unfavourable Tribunal judgment.Farm seizures are blamed for plunging Zimbabwe into severe food shortages after the government displaced established white commercial farmers and replaced them with either incompetent or inadequately funded black farmers.Zim Online