New Era (Windhoek)

Zimbabwe: Country's Case Heads for SADC Summit

Windhoek — The Southern African Development Community (SADC) Tribunal on Monday said it would present its findings in the matter of the urgent application of the Zimbabwean commercial farmers to have the Government of Zimbabwe in breach of an interim order, to the SADC Summit in mid-August, for the Summit to take appropriate action.

The SADC Tribunal hearing - presided over by Justice Luis Mondlane, Justice Ariranga Pillay, Justice Isaac Mtambo, Justice Dr Rigoberto Kambovo, and Justice Dr Onkemetse Tshosa - last week dealt with the urgent application brought before it by Mike Campbell, William Campbell and 77 other Zimbabwe commercial farmers, with the legal team representing the Zimbabwe Government making a dramatic exit from proceedings.

The Tribunal order stipulated that the Zimbabwe Government should take no steps, or permit no steps to be taken, directly or indirectly, whether by its agents or by orders, to evict from or interfere with the "peaceful residence" on and beneficial use of the farms occupied by the farmers, their employees and the families of the employees.

The Tribunal judges said in their ruling on Monday that the applicants - the farmers - have presented "abundant material" to show "the existence of the failure on the part of the respondent [Zimbabwe Government] and its agents to comply with the decisions of the Tribunal".

Before the Zimbabwe legal team excused themselves from the court proceedings, legal counsel Prince Machaya asked the court for more time to seek supplementary evidence to claims of harassment and eviction by the farmers.

The court granted the team 30 minutes to consult with the Zimbabwe Government, but decided to continue hearing the case.

Zimbabwe Ambassador to Namibia, Chipo Zindoga, later that afternoon at a press briefing said "criminal elements" had been responsible for assaulting the Campbells.

The Tribunal ruling stated that from a letter from the applicants, sent by legal firm Goghlan, Welsh and Guest, it was "amply demonstrated that the respondent's aim is to prosecute the applicants for remaining on their lands, and subsequently evicting them therefrom upon conviction".

The Tribunal is yet to make its ruling on the main case, in which the applicants challenge their eviction from the farmlands, arguing that the eviction order by the Zimbabwe Government is racist and in violation of rights provided for in the SADC Treaty and Protocol.


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