Southern African Litigation Centre

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Zimbabwe's Challenge to the SADC Tribunal
September 22nd 2009, at 8:28 PM

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It is hardly surprsing that the Zimbabwean government, or more correctly, one half of that government, is attacking the SADC Tribunal. After all, the SADC Tribunal has ruled against Zimbabwe on its land policies. As the legal opinion of Minister of Justice and Legal Affairs, Patrick Chinamasa, was issued, several of the parties who had approached the SADC Tribunal seeking a vindictaion of their rights had their farms burnt down.

Seemingly, Zimbabwe would burn down the Tribunal too and the entire legal architecture that SADC has established. Its challenge has repurcussions not only for Zimbabwean victims who would seek to have their rights vindicated befor the Tribunal but for all those in the region who would do so. Zimbabwe alleges that the Tribunal was established in violation of international law and accordingly has no jurisdiction in respect fo any matter.

As SALC argues in this opinion those arguments have no merit.