from ALFRED SHILONGO in Windhoek, Namibia
Namibia Bureau
WINDHOEK, (CAJ News) – LAST Friday marked the 17th anniversary of the landmark from the SADC Tribunal ruling in the case of Mike Campbell and Others v. the Government of Zimbabwe, a judgment that highlighted human rights violations and property injustices in Zimbabwe but remains unimplemented to this day.
The Southern African Development Community (SADC) Tribunal, established as the region’s court of justice and a court of last resort for citizens of member states, found in 2007 that the Zimbabwean government’s seizure of white-owned farms was illegal, racially discriminatory, and violated both the SADC Treaty and international human rights law.
The tribunal ruled that landowners dispossessed of their property were entitled to full and fair compensation, including the value of land and improvements, to be paid by June 2009.
However, over 16 years later, no compensation has been provided to Campbell and other affected applicants.
The tribunal’s suspension stems from political interference.
After Zimbabwe failed to comply with the award, President Robert Mugabe and other officials effectively paralyzed the court by removing judges, leaving the tribunal inoperative since 2011.
The tribunal could resume work if SADC member states appoint new judges, but this has yet to happen.
Mike Campbell’s family and supporters have kept the issue in the public eye. In 2021, a symbolic “Long Ride” covering over 2,000 km from Campbell’s Mount Carmel farm to the tribunal’s seat in Windhoek was undertaken to draw attention to the lack of justice.
The ride highlighted that citizens across SADC’s 16 member states, numbering over 400 million, remain unable to access the court when their rights are violated.
Observers note that Zimbabwe is legally bound under the SADC Treaty and international law to comply with tribunal judgments.
The United States (US) Zimbabwe Democracy and Economic Recovery Act (ZDERA) of 2018 also calls for adherence to the Campbell ruling.
Advocates continue to call on the SADC Secretariat in Gaborone, Botswana, to restore the tribunal and appoint judges, ensuring that the “house of justice” functions once again.
They argue that without a functioning tribunal, the rule of law in southern Africa remains under threat, and oppression and fear continue to undermine peace and prosperity.
Seventeen years on, the Campbell judgment stands as a final, binding ruling.
Yet, the prolonged inaction serves as a stark reminder that regional justice mechanisms remain fragile, and victims of land dispossession continue to wait for recognition, restitution, and the restoration of their rights.
– CAJ News