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When Politics Prevail Over the Rule of Law: The Demise of the sadc Tribunal

When Politics Prevail Over the Rule of Law: The Demise of the sadc Tribunal AbstractThe article questions whether the Tribunal of the Southern Africa Development Community (sadc) ought to have entertained human rights cases given that the sadc Treaty does not endow it with such jurisdiction. It then analyses its demise in 2010, which was prompted by several rulings against Zimbabwe, whose policy of expropriating land without compensation was held to violate human rights. The pertinent aspects of these cases are reviewed, and the significance of Zimbabwe’s land reform programme is explained. The article elucidates why sadc leaders were prepared to suspend the Tribunal’s operation. This was a combination of alarm that it could evolve into a quasi-regional human rights court but also solidarity with the then President Mugabe, a hero of Africa’s liberation struggle. Finally, the pronouncements of the Constitutional Court of South Africa and the High Court of Tanzania on the lawfulness of the sadc Tribunal’s suspension are considered. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Human Rights Law Review Brill

When Politics Prevail Over the Rule of Law: The Demise of the sadc Tribunal

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2213-1027
eISSN
2213-1035
DOI
10.1163/22131035-01001001
Publisher site
See Article on Publisher Site

Abstract

AbstractThe article questions whether the Tribunal of the Southern Africa Development Community (sadc) ought to have entertained human rights cases given that the sadc Treaty does not endow it with such jurisdiction. It then analyses its demise in 2010, which was prompted by several rulings against Zimbabwe, whose policy of expropriating land without compensation was held to violate human rights. The pertinent aspects of these cases are reviewed, and the significance of Zimbabwe’s land reform programme is explained. The article elucidates why sadc leaders were prepared to suspend the Tribunal’s operation. This was a combination of alarm that it could evolve into a quasi-regional human rights court but also solidarity with the then President Mugabe, a hero of Africa’s liberation struggle. Finally, the pronouncements of the Constitutional Court of South Africa and the High Court of Tanzania on the lawfulness of the sadc Tribunal’s suspension are considered.

Journal

International Human Rights Law Review – Brill

Published: May 31, 2021

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