THERE is a frantic last-ditch attempt by regional activists to save the integrity and independence of the Southern African Development Community (SADC) Tribunal as heads of state and government meet this week in Maputo, Mozambique, where a final decision is expected on the regional court.
"The future of the SADC Tribunal hangs in the balance. Without it, the region will lose a vital ally of its citizens, its investments, and its future," Nobel laureate Desmond Tutu warned in a short film which attempts to rally SADC citizens to advocate with regional leaders to keep the Tribunal intact.
The Tribunal was suspended - in some views, rendered entirely defunct - by a SADC summit in 2011 after the Zimbabwean government extensively lobbied SADC heads of state.
The majority of cases heard before the Tribunal involved human rights violations in Zimbabwe.
The former president of the Tribunal, Judge Ariranga Pillay from Mauritius, said 80 per cent of the applications before the court concerned violations of human rights, democracy and the rule of law.
Between 2007 and 2009, the court adjudicated about 20 cases.
The Zimbabwean state has lost every single case before the Tribunal, but has with impunity flouted the regional court's orders with no repercussions - either political or otherwise - and has since challenged the Tribunal's jurisdiction over its domestic laws.
Failure to comply with the court's orders could mean that a state has to pay compensation or be interdicted from carrying out activities that were violative of its obligations, said the executive director of the Southern Africa Litigation Centre (SALC), Nicole Fritz.
Pillay said Zimbabwe has purposely refused to comply with the Tribunal's judgements and the SADC summit heads of state last year purposely refused to take action against Zimbabwe.
But the Tribunal was a creation of SADC governments when it was established and inaugurated in Windhoek in 2005.
It was empowered to adjudicate legal disputes between member states, between companies and governments, and individuals who have failed to find sufficient legal recourse in domestic courts.
Alice Mogwe, speaking on behalf of the 'Save the SADC Tribunal' regional campaign, said the court was meant to be totally independent from national interests that could vigorously defend the principles and goals underpinning the SADC Treaty. More importantly, she said, its role was predicted to create democracies and rules-based societies where a better life for all becomes a reality.
Instead, regional leaders have decided to review the role, responsibilities and terms of the Tribunal after Zimbabwe's challenge, which lawyers in the region fear might water down the court's mandate to serve the interests of individual oppressive states that refuse to be subjected to the rule of law.
"A review process in itself is not problematic. We see international institutions doing it all the time. But this review is coupled with an effective suspension," said Fritz.
In July last year at a meeting of Ministers of Justice and Attorneys General in Namibia, Justice Minister Pendukeni Iivula-Ithana said the intention was not to do away with the Tribunal, but to make adjustments to it from time to time to "fit our interests".
Ministers of justice in Maputo this week are reported to have all agreed that the Tribunal be revived, and proposed that the heads of state approve a new protocol on the court, but that pending cases at the time of the suspension of the court be heard under the old protocol.
Of grave concern to lawyers and activists across the region is that SADC leaders might remove the court's human rights mandate, and take away individuals' access to the court.
Tutu said individuals' access to the court constitutes a key legal instrument that has brought hope to victims of abuse of power in the region.
"We need the support of SADC citizens, civil society and the wider community to save the SADC Tribunal so that the rule of law, development, and human rights are protected throughout the region," said Tutu.
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I'm not sure I understand your logic Tibanesifiso. The Tribunals role is to allow people a chance to review legal decisions made against them within their own boarders. The Tribunal was set up because there are unfortunately governments in the SADC region which can't even abide by their own laws when it doesn't suit them politically, Zimbabwe being the most obvious example. Don't fall for the argument that it's a race issue. It suits Mugabe and other dictators to play that card. Ever heard of a guy named Luke Tembani? Look him up. He is one of the many black victims of the Zimbabwe regime who seek justice.
I fully support those who say this court should be done away with. It is also not true that this court was formed for the ordinary people of SADC. This thing was formed for investors and beneficiaries of colonialism who are white people to evade post colonial laws which seeks to correct past collonial injustice suffered by the indigenous people in SADC. Tutu is nothing to us the people of this region, he seeks to maintain the suppremacy of the white settlers and defends the continual of this state of affairs. It is disturbing to see that the SADC govts. were able to form this court quickly when they have dismally failled to make any meaningful progress in the formation of the African Union.
tibanesifiso, are you for real? What a misguided jackass!
For starters, you and all your bururus, rid yourselves from your disease of colonial neurosis from which you have never freed yourselves. This neurosis is the vehicle by which you use as an excuse for all your own crap and a tool to try to get things handed to you for nothing whilst you remain static in both your thinking and progress. Instead of running to say this crap, educate yourself about the SADC Tribunal.
KJRS 120, FOR ONCE LISTEN TO YOUR COMMENT BEFORE YOU START OPENING YOUR BIG MOUTH. HAVE YOU EVER GET REALIZE THE OUTCOMES OF COLONIZATION OR CONSPIRACIES?? HAVE YOU?? THE BUCK OF WHAT IS GOING ON TODAY IN AFRICA IS PART OF COLONIZATION. LET ME JUST GIVE YOU A SLIGHTEST EXAMPLE: WHEN PEOPLE ARE COLONIZE; THEY ARE COLONIZE TO THE TUNE OF THE COLONIZERS - GET IT !!!
foryohjonathan - I think what you are saying is that the current situation in much of Africa is as a result of colonialism? Couldn't agree more. Inequality and brutality lead to hatred and anger. An abused youth usually becomes an abusing adult. Many of the post-colonial regimes have been characterised by the same corruption, unfairness and violence of the colonial period. Thankfully new generations are trying to break the cycle. Meanwhile Mugabe can't let go of the hatred.
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