Abstract:
The article explores the impact of Zimbabwe’s land reform policies since
the turn of the century on the Southern African Development Community (SADC),
notably its central issue instrument for dispute settlement, namely the SADC Tribunal.
In the landmark ruling of Campbell and Others v Zimbabwe the SADC Tribunal found
the expropriation of agricultural land without compensation to be discriminatory and
in violation of the SADC Treaty. While the Decision was rejected by Zimbabwe it was
successfully implemented in South Africa, resulting inter alia in the attachment of
Zimbabwean property situated in Cape Town. However, the Campbell Decision met
with extensive political resistance throughout the SADC region which ultimately lead
to the SADC Tribunal’s suspension in 2012. The article analyses in particular the
jurisdiction of the SADC Tribunal to entertain human rights disputes; whether
the Tribunal was legally constituted; as well as the manner of enforcement of the
Tribunal’s decisions in the domestic legal orders of member States. In addition the
article reflects on the consequences of the suspension of the SADC Tribunal for
dispute settlement in Southern Africa.
