Mike Campbell (Pvt) Ltd and Others V Republic of Zimbabwe - Decisions By The SADC Tribunal

Decisions By The SADC Tribunal

The Tribunal concluded that it had jurisdiction to hear the case because the dispute concerned "human rights, democracy and the rule of law", which are binding principles for members of the SADC.

17 December 2007
The Tribunal granted an interim measure ordering the government of Zimbabwe to take no steps, directly or indirectly, to evict Campbell from the farm or interfere with his use of the land.

28 November 2008
The Tribunal's decision on this date addressed four main issues: (1) Whether the Tribunal had jurisdiction to hear the case; (2) whether the plaintiffs had been denied access to domestic courts in violation of the SADC Treaty; (3) whether the Zimbabwean government had discriminated against the plaintiffs on the basis of race, and (4) whether the plaintiffs were entitled to compensation. (1) The Tribunal held that it had jurisdiction to hear the case, because Amendment 17 had eliminated the plaintiffs' access to the domestic courts, and the plaintiffs were therefore entitled to seek remedy before the Tribunal. (2) The Tribunal found that the plaintiffs had been deprived of their right to a fair hearing before being deprived of their rights. (3) On the racial discrimination issue, the Tribunal held that the actions of the Zimbabwean government constituted indirect or "de facto" discrimination because implementation of Amendment 17 affected white farmers only. (4) Finally, the Tribunal held that the plaintiffs were entitled to compensation for the expropriation of their lands.

5 June 2009
After Campbell and another applicant, Richard Thomas Etheredge, filed a new application to declare the Government of Zimbabwe in contempt, the Tribunal held that the Government of Zimbabwe had failed to comply with the Tribunal's previous decision. The Tribunal stated that it would report its finding to the Summit of the SADC.