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As a representative to the SADC Parliamentary Forum, I have written to President Zuma today, urging him to place Zimbabwe's contempt for the SADC Tribunal's ruling on the farm eviction of William Campbell, high on the agenda at the upcoming SADC Heads of State Summit meeting and to take a firm stance with Zimbabwe on this matter.

The SADC Tribunal decided on 28 November last year that the Republic of Zimbabwe was in violation of the organisation's treaty by denying the rights of the applicants, the most prominent of which was William Michael Campbell, to the courts and engaging in discrimination against farmers whose lands were confiscated. A copy of the letter follows below:

11 June 2009

The Presidency
Private Bag X1000
CAPE TOWN
8000

Dear Mr President,

I write with greetings and best wishes.

I would like to draw your attention to an urgent matter that ought to be put on the agenda of the next SADC Heads of State Summit Meeting.

As you will be aware, the SADC Tribunal decided on 28 November last year that the Republic of Zimbabwe was in violation of the Organisation's treaty by denying access to the Applicants (William Michael Campbell et al) to the courts and engaging in discrimination against farmers whose lands were confiscated (Case NO SACD (T) 02/07).

On 5 June of this year, the Tribunal found the Republic of Zimbabwe to be in breach and contempt of the Tribunal decision (Case NO SADC (T) 03/2009). (I have attached a copy of the judgment for your information.) The key findings were as follows:

"The decision of the Tribunal was to the effect, in substance, that ‘the Respondent is directed to take all necessary measures, through its agents, to protect the possession, occupation and ownership of the land of the applicants...and to take all appropriate measures to ensure that no action is taken...directly or indirectly whether by its agents or others, to evict from, or interfere with, the peaceful residence on, and of these farms, by the applicants.'

"We note that the respondent has not taken part in the proceedings since, as learned Counsel for the respondent has put it, he lacks instructions from the respondent.

"We hold that the applicants have adduced enough material to show that the existence of a failure on the part of the respondent and its agents to comply with the decision of the Tribunal has been established."

There are two issues that emanate from this judgment, and the events subsequent to it:

First, the Zimbabwean government has failed take the appropriate corrective action; and this must now be done as a matter of urgency. I have been in contact with the Campbell family and can tell you that their situation is desperate. Mr Campbell would like to present his case before the Summit, however is unable to travel as a result of injuries sustained from severe beatings that he and his family suffered over a year ago in an attempt to get them to withdraw from the Tribunal.

I believe that over 300 South African farmers are suffering similar predicaments. They have lost their farms and livelihoods without any compensation. As a consequence, many workers have lost employment on these very farms, some of whom have come to South Africa as refugees.

Democracy, human rights and the rule of law are binding principles for all SADC members, and South Africa must exert the necessary pressure on member states that fail to comply with these principles.

Second, Zimbabwe's failure to comply with the judgment raises a number of questions about its attitude towards SADC. Zimbabwe is in contempt of a SADC ruling and further to this, President Mugabe has referred to the Tribunal's decision as "nonsense" and of "no consequence".

The Summit needs to decide on a course of action against member states who refuse to act in accordance with the findings of the Organisation and I would ask that South Africa take a leading role inthis.

In order to uphold the principles of the Southern African Development Community, I kindly request that you take up this matter at the next Summit Meeting and take a firm stance with Zimbabwe on this matter.

As always,
yours sincerely,

Professor Wilmot James, MP
South African Representative to the SADC Parliamentary Forum