In what can be regarded as a first step towards possible litigation by Saai to force the SADC Heads of State to reactivate the SADC Tribunal in Windhoek and thereby restore the access to justice for 400 million citizens of the 16 SADC Countries, SAAI has written to the Ministers of Justice and Attorneys-General of all fifteen members states of the SADC as well as the secretariat of SADC to plead for the immediate restoration of the SADC tribunal.
After the SADC Tribunal in November 2008 ruled against the Government of Zimbabwe in the case of Mike Cambell and other farmers whose farms were confiscated without compensation, the tribunal was suspended by a meeting of SADC’s heads of state in 2011. The judges of the tribunal were never re-appointed when their terms of office expired, and the tribunal effectively became dysfunctional.
Both the South African and Tanzanian constitutional courts have since ruled that the termination of the tribunal was irregular and unconstitutional as it deprived citizens of the SADC region of their right of access to courts.
The South African Constitutional Court labelled decision of SADC leaders as “a conspiracy by heads of state”.
The new protocol prepared by SADC to amend the terms of reference of the tribunal and to dilute its powers to adjudicate only on inter-state conflicts, never achieved the two thirds majority signatures required to become effective. The courts in Tanzania and South Africa also ordered their heads of state to withdraw their support, reducing the member states in favour of the effective dismantling of the tribunal to a 44% minority.
Although SADC has recently confirmed its commitment to revive the tribunal, the fact that it did nothing to do so in the last 13 years compels civil society to take active steps to hold the leadership in the region accountable and responsible.
A copy of the full statement by SAAI circulated to SADC member states and the SADC secretariat, is attached hereto.
