Friday, November 28, 2008

Zimbabwe Land SADC Tribunal

On Nov. 28, the farmers gathered in Windhoek, Namibia, to hear the final ruling of five judges of the S.A.D.C. tribunal. As Justice Luis Antonio Mondlane of Mozambique read the full 60-page decision aloud, it dawned on the farmers that they had won.

The tribunal found that the government had breached its obligations under the trade bloc’s treaty, which committed it to respecting human rights, democracy and the rule of law, by denying the farmers compensation for their farms and court review of the government’s confiscation of them.

More broadly, it rejected the government’s claim that the land redistribution program was meant to right the wrongs of a colonial era when a white minority ruled what was then Rhodesia. Instead, the court found that the government had itself racially discriminated against the white farmers.

In a stinging rebuke, the tribunal, citing an earlier legal case, said it would have reached a different conclusion had the government not awarded “the spoils of expropriation primarily to ruling party adherents.”

Source: New York Times

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