Commercial farmers have once again turned to the regional human rights court of Southern Africa to try and urge the intervention of the Southern African Development Community (SADC) in ongoing farm invasions and harassment of farmers in Zimbabwe.

The farmers returned to the SADC Tribunal in Namibia on Tuesday seeking to have the farming crisis dealt with at the next summit of SADC leaders later this year. Their court application calls upon the SADC Tribunal to consider measures under the SADC Treaty to terminate or suspend Zimbabwe's membership from SADC. The basis of the application is that the government remains in contempt of the SADC Tribunal by allowing ongoing farms invasions and arrests, prosecutions and imprisonment of farmers, despite a Tribunal order to protect the same farmers.

The government was ordered to protect these rights in a landmark ruling by the Tribunal in 2008, which said that land 'reform' was unlawful and discriminatory. That ruling has been completely ignored by the government, which was eventually charged with contempt. The original contempt charge has done nothing to force the government to intervene in the ongoing land attacks and the prosecution of the remaining commercial farmers. The farmers meanwhile had tried to get the ruling registered in the High Court, a move necessary to have it enforced. But High Court Judge Bharat Patel dismissed these efforts and further dismissed the ruling itself, saying it was a threat to 'the greater good' of Zimbabwe and against public policy.

Chegutu farmer Ben Freeth, who has played a pivotal role in fighting the so called land 'reform' programme, told SW Radio Africa on Tuesday that Zimbabwe, as a signatory to the SADC Treaty, must be forced to obey the Tribunal's orders. He explained that SADC must either bring Zimbabwe "in line" or suspend the country altogether, for its contempt of the Tribunal. Freeth, speaking from Namibia, explained that the court application this week has been made on an urgent basis "to try and force SADC to do something about an errant member state."

The case, brought forward by Freeth's father-in-law Mike Campbell, two other farmers and Zimbabwe's main farming unions, was heard in a half empty court room on Tuesday, with the state's defense team not turning up for the proceedings. Freeth said that the arguments went well and the Tribunal judges have reserved judgment on the matter. Their ruling is expected over the next few days.

The remaining commercial farming community in Zimbabwe meanwhile is waiting for any kind of intervention, to bring relief from the ongoing intimidation occurring on farms. Since last week there has been a spate of arrests of farmers, who have all been charged with remaining on so-called 'state' land. In all the cases, none of the targeted properties were listed for 'resettlement', with at least three of the farmers giving up their farms years ago under the land 'reform' programme. The arrests are widely believed to be an intimidatory tactic to force the beleaguered farming community to give up their properties before any intervention is forthcoming.