Identifier
Created
Classification
Origin
09WINDHOEK213
2009-06-09 15:10:00
UNCLASSIFIED
Embassy Windhoek
Cable title:  

SADC TRIBUNAL RULES AGAIN IN FAVOR OF ZIMBABWEAN FARMERS

Tags:  PGOV PHUM PREL WA ZI 
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P 091510Z JUN 09
FM AMEMBASSY WINDHOEK
TO SECSTATE WASHDC PRIORITY 0581
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY LONDON 
AMEMBASSY PARIS
UNCLAS WINDHOEK 000213 


E.O. 12958: N/A
TAGS: PGOV PHUM PREL WA ZI
SUBJECT: SADC TRIBUNAL RULES AGAIN IN FAVOR OF ZIMBABWEAN FARMERS

REF: WINDHOEK 380

UNCLAS WINDHOEK 000213


E.O. 12958: N/A
TAGS: PGOV PHUM PREL WA ZI
SUBJECT: SADC TRIBUNAL RULES AGAIN IN FAVOR OF ZIMBABWEAN FARMERS

REF: WINDHOEK 380


1. (U) This report was coordinated with Embassy Harare.


2. (U) On June 6, the SADC Tribunal again sided with the Zimbabwean
farmers who are seeking an order to stop the Government of Zimbabwe
(GOZ) from expropriating their farms. The court ruled unanimously
that the GOZ was in contempt of the Tribunal's November 2008 ruling,
which called for an end to Zimbabwe's land reform program, and it
referred the case to the SADC Summit for its consideration. End
Summary.


3. (U) On June 6, Poloff attended the ruling of the Windhoek-based
SADC Tribunal in the case of Michael Campbell and 77 other
Zimbabwean farmers, who are continuing their legal battle with the
Government of Zimbabwe to stop its controversial land reform
program. Last November, the Tribunal ruled in favor of the farmers.
Citing the policy as racist and illegal, the four-member panel of
judges at that time ordered the GOZ to pay compensation to the white
farmers no later than June 2009 as well as "to protect the
possession of ownership of the land" (Reftel). The decision,
however, has been repeatedly violated.


4. (U) After court came to order on June 6, Deputy Attorney General
of Zimbabwe Prince Machaya filed a last-minute appeal to postpone
the contempt application by the farmers, claiming the GOZ had not
been given adequate time to prepare its case. President of the
Tribunal Justice Ariranga Govindasamy Pillay of Mauritius declined
the application, to which Machaya replied that he lacked
instructions to proceed with the case. The hearing continued, with
the Tribunal hearing only the petition of the farmers.


5. (U) In handing down the Tribunal's ruling, Pillay criticized
statements made by President Mugabe at his eightieth birthday party
at which he dismissed the November ruling as "nonsense" and "of no
consequence". Pillay also cited statements made by Zimbabwean
Attorney General Johannes Tomana, who had announced that the GOZ
would defy the Tribunal's ruling. Furthermore, the judges referred
to the speech that Zimbabwean Deputy Chief Justice Luke Malaba
delivered at the opening of the 2009 legal year, in which he stated
that the Tribunal had no jurisdiction whatsoever over the Campbell
case. Pillay then ordered the GOZ to compensate the farmer's legal
fees, at an amount to be agreed to by both parties. Barring
agreement, he ordered the SADC registrar to step in and determine
the financial compensation. In addition, the Tribunal referred the
issue of Zimbabwe's refusal to comply with the November ruling to
the SADC summit for consideration and appropriate action.

Comment
--------------


6. (SBU) In accordance with the SADC Tribunal procedures, judicial
decisions are expected to be enforced by the SADC Summit. There was
skepticism among the observers in the courtroom, however-- which was
comprised of members of the diplomatic community and prominent civil
society organizations-- that SADC would be inclined to take up the
issue with much gusto.

MATHIEU