SADC summit mulls Zim land-reform case

Zimbabwe's refusal to obey rulings by a regional court, which rejected President Robert Mugabe's land reforms in favour of a group of white farmers, looks set to win a pass as a summit wraps up Tuesday.

The tribunal of the Southern African Development Community, whose leaders are meeting in the Namibian capital, Windhoek, ruled in 2008 that a group of 78 white farmers could keep their land, saying they had been unfairly targeted because of their race.

Zimbabwe has refused to respect the ruling, even though Harare has signed the treaty creating the court, which has no power to enforce its decisions except through decisions of a summit. "There is no possibility of punitive measures like sanctions," said Dirk Kotze, a political analyst from the University of South Africa. "Expressing their disappointment is the furthest they can go," he said. "Anything further would be punitive and it has to be weighed against other political considerations such as maintaining unity in the government."

Mugabe, who at 86 is Africa's oldest leader with three decades in power, formed a unity government last year with former opposition leader Morgan Tsvangirai, now the prime minister. About 4000 white farmers have been forced off their land in a violent and politically charged campaign launched by Mugabe in 2000. About 400 white farmers remain in Zimbabwe, and the chaotic resettlement process slashed food production, making the nation chronically dependent on foreign handouts.

Zimbabwe insists that the SADC tribunal treaty was never ratified. Critics contend that the signature on the protocol was enough. The leaders are expected to simply punt the issue to their next summit in 2011. "To find a solution, SADC asked its justice ministers to make a report, but it wasn't completed. Any decision will simply be postponed indefinitely," said one official at the summit, speaking on condition of anonymity. "They may just ask the justice ministers to finish their report," another official said as the leaders began meeting.

The report was meant to be presented at the summit, but regional leaders fear the contentious issue could split the bloc, which has struggled to act with a united voice on Zimbabwe, even at the height of electoral violence in 2008. "The rule of law in the SADC countries depends on this," said Kallie Kriel of the South African rights group AfriForum, a mainly white organisation. "If the rulings of SADC institutions are not adhered to, the credibility of SADC itself is at risk."

South Africa's courts have registered the judgement, leading to the seizure of Zimbabwe government properties for auction to help cover the farmers' legal costs. In the summit's final declaration, expected late on Tuesday, the leaders will likely congratulate the progress made by the unity government in stabilising its economy while pushing Harare to end its bickering over key appointments. The political feud has delayed progress on electoral reforms. The power-sharing pact had called for a referendum on a new constitution for last month, but the process has barely gotten off the ground.

SADC has been much tougher on Madagascar, which was suspended from the bloc over the army-backed ouster of president Marc Ravalomanana by the former mayor of the capital, Andry Rajoelina, in March 2009. The leaders were also expected to be briefed on a new agreement signed last week.

Source: Mail & Guardian

Analysis: Hurdles in the way of Madagascar's new deal

It will take some time for Madagascar's feuding political rivals to implement their breakthrough agreement, but while hopes are high that the newly signed deal will pave the way to reconciliation and stability, there are still some serious hurdles. "I wish this were the end of the political conflict - but alas, there is lots of scope for continuing struggles," Stephen Ellis, professor of social sciences at the Free University of Amsterdam and senior researcher at the African Studies Centre in Leiden, the Netherlands, told IRIN.

The power-sharing deal signed in Maputo, capital of Mozambique, on 9 August brought Andry Rajoelina, former mayor of Madagascar's capital, Antananarivo, face to face with ousted President Marc Ravalomanana for the first time since political violence began in January 2009. The standoff culminated in what the international community condemned as a "coup-style" change of leadership on 17 March. After months of failed mediation attempts, the latest talks, facilitated by former Mozambican president Joaquim Chissano on behalf of the international community under the auspices of the African Union (AU), were widely hailed. "This was a clear sign that the leaders are now committed to seeing an end to the political crisis," said a statement on 11 August by the Institute for Security Studies (ISS), a think-tank based in Pretoria, South Africa.

The Indian Ocean Island's main political factions pledged to work towards an interim government, put an end to months of political violence and hold fresh elections within 15 months. Former heads of state Didier Ratsiraka and Albert Zaphy were also signatories to the document The process of constitutional revision could be vital in determining the success of the agreement. "Elections will be important in Madagascar. However, they will be important because of the consensus-building they bring. This should not be confused with democratic consolidation, or with building strong institutions. Madagascar first needs to survive a new constitutional convention and referendum. One step at a time," Marcus said. "There will be more demonstrations during these 15 months. That in itself is ok. The important part is that key constituent groups remain committed to the process, and that the populace maintains its current level of patience."

The ISS was more optimistic: "It is likely that some disagreements will arise in the selection of members of the government, but if the recently ended talks are anything to go by, there is sufficient political will to ensure that eventually this transitional authority will be formed."

Source: IRINNEWS