The decision by the leadership summit of the Southern African Development Community (SADC) to review the role and function of the SADC tribunal over the next few months is the most blatant act imaginable of disregard for the law.
The decision to now review the role and functions of the SADC tribunal comes after the leadership summit of the SADC twice neglected to investigate the tribunal's findings against Zimbabwe and to consider punitive measures. Zimbabwe refuses to heed earlier findings against the country's land reform programme. Following the SADC leadership summit, a communiqué was issued to announce that the role and functions of the tribunal would be reviewed in the following six months. During the six-month period, the tribunal will take no new cases and it will not finalise any pending cases.
The tribunal's registrar yesterday indicated in a letter to the legal representatives of the Zimbabwean farmers Louis Fick, Michael Campbell and Richard Etheredge that the taxation date for an order to pay costs previously awarded by the tribunal would be postponed indefinitely. The taxation would have taken place on 23 August 2010.
It is a real cause for concern that Southern African state are now sending a signal that court rulings will only be obeyed if it suits the political leaders. The SADC tribunal is one of the beacons of hope on a continent that is often regarded as a breeding ground of tyranny and chaos. The SADC tribunal could develop into a valuable international court that could stabilise and further develop the rule of law in Southern Africa. However, if the tribunal is stripped of its powers, it would put the subcontinent back decades, juridically speaking.
The legal representative of AfriForum, Willie Spies, said in reaction that recent events on the political front actually reflect sinister inconsistencies.
"While the South African government is currently threatening to establish a tribunal to keep the free media ‘in check', the subcontinent's only human rights tribunal is being stripped of its powers. This is bad news for civil rights and the rule of law in South Africa," Spies said.
Statement issued by Willie Spies, Legal Representative: AfriForum, August 20 2010
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