Mike Campbell (Pvt) Ltd and Others V Republic of Zimbabwe - Background

Background

Land reform in Zimbabwe began after the signing of the Lancaster House Agreement in 1979 in an effort to more equitably distribute land between the historically disenfranchised blacks and the minority whites. Government-orchestrated land invasions began in February 2000. The Zimbabwean government formally announced a "fast track" resettlement program in July 2000, stating that it would acquire more than 3,000 farms for redistribution.

During the early 1970s, Campbell, a South African Army captain, had been involved in the Rhodesian Bush War that pitted Rhodesia's mostly white government (50 of the 66 parliamentary seats were reserved for whites only) against black nationalist guerrillas. He moved to Mount Carmel farm in 1974. He added a neighbouring plot of land in 1980, following Zimbabwean independence. As well as farming, Campbell set up an extensive nature reserve on the property, replete with giraffes, impala and other indigenous animals. He also created the Biri River Safari Lodge, which became a popular tourist attraction.

Campbell purchased Mount Carmel from himself after independence (the full title was vested in 1999, when the Zimbabwean government declared no interest in the land). In July 2001, amid large-scale land invasions by "war veterans", Campbell received a government notice to acquire Mount Carmel in the district of Chegutu, but the notice was declared invalid by the High Court. In July 2004, a new notice of intent to acquire Mount Carmel was published in the official Government Gazette, but no acquisition notice was actually issued. However, two months later, according to court filings, "persons purported to occupy the farm on behalf of Zanu PF spokesman Nathan Shamuyarira, claiming the former minister had been allocated the farm." After three more preliminary notices to take the farm were published in 2004, Campbell applied to the High Court for a protection order.

Amendment 17 was added to Zimbabwe's constitution on 14 September 2005 to vest ownership of certain categories of land on the Zimbabwean government and to eliminate the courts' jurisdiction to hear any challenge to the land acquisitions. Campbell initiated proceedings in court on 15 May 2006, challenging the validity of Amendment 17. In December 2006 the Gazetted Land (Consequential Provisions) Act passed into law, requiring all farmers whose land was compulsorily acquired by the government and who were not in possession of an official offer letter, permit, or lease, to cease to occupy, hold, or use that land within 45 days and to vacate their homes within 90 days. On 11 October 2007, before the Supreme Court of Zimbabwe had delivered its judgment in the case, Campbell filed an application with the SADC Tribunal challenging the acquisition by the Zimbabwean government. Subsequently, 77 other persons joined as parties in the proceedings against the government of Zimbabwe.

Mike Campbell, his wife Angela, and their son-in-law Ben Freeth were kidnapped, taken to an indoctrination camp and beaten by thugs on 29 June 2008. Campbell died on 6 April 2011; his family stated he died from complications of the 2008 beating.