Mike Campbell and Others v. Republic of Zimbabwe, SADC (T) No. 2/2007

Nature of the Case

Application to the Southern African Development Community (SADC) Tribunal[1] challenging acquisition of agricultural land by the government of Zimbabwe; Whether Zimbabwe violated domestic and international treaty obligations; Jurisdiction of the Tribunal; Access to Judicial Remedies; Equality/Non-Discrimination; Exhaustion of Domestic Remedies.

[1] The general jurisdiction of the Tribunal is to adjudicate as well as to give advisory opinions upon all matters which may be referred to it under the Treaty and Protocols, all subsidiary instruments adopted within the framework of the community, acts of Institutions of the Community, and all matters specifically provided for in any other agreements that Member States may conclude amongst themselves or within the Community and which confer jurisdiction on the Tribunal.

Enforcement of the Decision and Outcomes

In a later case brought in the Zimbabwean High Court, this court refused to enforce the SADC Tribunal judgment by ruling that such decisions are not binding on Zimbabwe.  The Court intimated that the SADC Tribunal’s decisions do not apply and cannot be enforced in Zimbabwe unless Parliament ratifies the Protocol which established the organization, jurisdiction and rules of procedure of the Tribunal. This is despite the fact that Zimbabwe is a state party to the Institutional Treaty of the Community of the Development of Southern Africa that created the SADC Tribunal and has nominated the Zimbabwean judge who currently serves on the Tribunal.

Significance of the Case

While the case does not directly touch on specific ESC rights, it is significant that the first decision of this international tribunal has closely reviewed the provisions of a domestic constitution for its compliance with human rights imperatives. Secondly, the ruling emphasizes that access to justice is a fundamental right; deprivation of which constitutes a violation of the rule of law. Thirdly, the Tribunal, consistent with rulings of other international tribunals, has emphasized that where national law does not offer any remedy or the remedy that is offered is ineffective, the individual is not required to exhaust the local remedies before approaching an international tribunal. The decision also reveals the possibility for utilising the SADC Tribunal for all cases of human rights violations.