by AKANI CHAUKE
JOHANNESBURG, (CAJ News) – THE Southern African Agri Initiative (Saai) has formally written to the chairperson of the Southern African Development Community (SADC) Committee of Ministers of Justice and Attorneys-General, the Honourable Minister Kubayi MP, urging the reappointment of judges to the SADC Tribunal ahead of a key regional meeting in Victoria Falls.
The SADC Tribunal is the judicial body of the Southern African Development Community. It previously issued rulings against Zimbabwe’s controversial land reform programme under former president Robert Mugabe, which critics say contributed to economic collapse, hyperinflation, food insecurity and mass migration across the region.
Following those rulings, Zimbabwe rejected the Tribunal’s authority. Saai states that instead of enforcing compliance, other SADC member states allegedly supported steps that effectively suspended the court’s operations.
The organisation further cites South African Constitutional Court findings which described former President Jacob Zuma as having participated in what the court characterised as a coordinated effort that undermined the Tribunal’s functioning.
In subsequent legal developments, South Africa’s apex court ordered the withdrawal of support for a protocol that had sought to restructure the Tribunal in a way critics argue stripped it of jurisdiction over human rights matters.
The court found that the process undermined access to justice and conflicted with obligations relating to human rights, the rule of law and good governance.
Saai points to earlier positions adopted in 2011 by the SADC Committee of Ministers of Justice and Attorneys-General, which supported the reappointment of judges to fill vacancies left after the Tribunal’s suspension.
The organisation argues that this approach was later reversed through a series of political decisions that prevented the court from functioning and ultimately led to its prolonged inactivity.
The organisation has now urged the Committee to reaffirm its 2011 position, arguing that consistency with previous resolutions and domestic court judgments is essential.
Saai further warns against what it describes as repeated attempts to replace or amend foundational treaties in ways that have effectively prevented the restoration of the Tribunal’s jurisdiction.
In its correspondence, Saai also references parallel developments involving the SADC Administrative Tribunal, noting that judges are expected to be appointed to that body.
It argues that similar urgency should be applied to restoring the SADC Tribunal itself, which remains central to regional access to justice.
Both the reappointment of judges to the Administrative Tribunal and discussions on the SADC Tribunal’s future are on the agenda for the Committee’s meeting scheduled for Friday, 5 June 2026, in Victoria Falls, Zimbabwe.
Saai Executive Board chairperson Dr Theo de Jager said there was growing expectation that the Committee would act consistently with its previous positions and align with regional and international legal principles.
“A functional SADC Tribunal, with jurisdiction to uphold citizens’ rights of access to court, human rights, democracy and the rule of law, is essential for regional development and for improving Southern Africa’s global standing,” De Jager said.
Saai has attached supporting documentation, including a factsheet on the Tribunal’s history, legal correspondence dated 1 June 2026 to Minister Kubayi MP, and earlier correspondence dated 11 August 2025 to the SADC Executive Secretary, H.E. Mr Elias M. Magosi.
– CAJ News