The rise and fall of the Tribunal of the Southern African Development Community : implications for dispute settlement in southern Africa

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.