PRESS STATEMENT FROM BOCISCOZ REGARDING SADC’s POSITION ON ZIMBABWE  

SADC Summit states that the political and security challenges in Zimbabwe are being effectively addressed

The Botswana Civil Society Solidarity Coalition on Zimbabwe (BOCISCOZ) is concerned that the recently concluded 29th Summit of the Southern African Development Community (SADC) Heads of States and Government in its communiqué dated 08th September 2009 “noted that the region remains peaceful and stable.  The political and security challenges in a few parts of the region … are being effectively addressed”. 

As Zimbabwe was included in the list of countries in which political and security challenges are being “effectively addressed”, BOCISCOZ would like to know which objective criteria are being used by Heads of States within the region to determine the effectiveness of addressing political and security challenges.

BOCISCOZ receives reports that farm invasions continue to take place in Zimbabwe as well as the burning of farmhouses of both farmers and farm workers.  There is also continued non-adherence to the terms of the Global Political Agreement (GPA) by the ZANU-PF arm of the unity Government.

BOCISCOZ is concerned about the Government of Zimbabwe’s contribution to undermining regional solidarity particularly with regards to the viewpoint recently expressed by Mr Patrick Chinamasa, Minister of Justice in Zimbabwe on the SADC Tribunal. Minister Chinamasa recently stated that ““any decision that the (SADC) Tribunal may have or may make in future against the Republic of Zimbabwe is null and void”.

The SADC Tribunal was established in 1992 by Article 9 of the SADC Treaty as one of the institutions of SADC which would foster the development of SADC law and jurisprudence. The Summit of Heads of States appointed the Judges of the Tribunal during its Summit in Gaborone, Botswana on 18th August 2005

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The SADC Tribunal has decided on a number of cases, including cases involving the ZANU-PF led Government of Zimbabwe.  In 2007, white Zimbabwean farmers who had been dispossessed of their farms through the land reform programme of the ZANU-PF Government took their cases to the SADC Tribunal.  The Tribunal determined these cases in favour of the farmers.  The Government of Zimbabwe failed to comply with the decisions of the Tribunal. 

A few days before the start of the September 2009 SADC Summit, the Minister of Justice of Zimbabwe announced that it did not recognise the jurisdiction of the Tribunal as Zimbabwe is not bound by the Protocol establishing the Tribunal.

 
On 2nd September 2009, days before the start of the SADC Summit, the farms of Mike Campbell and Ben Freeth, two of the farmers who had been successful before the Tribunal, were burnt to the ground.  Fire fighting equipment was driven away by those involved in the fire.

BOCISCOZ condemns the actions of the Government of Zimbabwe concerning the legitimacy of the SADC Tribunal because:

•    Zimbabwe is a signatory to the SADC Treaty;
•    Zimbabwe is bound to the Protocol even though it has not ratified it;
•    Zimbabwe has previously submitted to the jurisdiction on the Tribunal’s jurisdiction; and
•    The SADC Tribunal has stated that Zimbabwe is subject to its jurisdiction.

BOCISCOZ calls upon the Government of Zimbabwe; to stop eroding the efforts made in establishing regional institutions which will promote adherence to the rule of law and secure the promotion, protection and fulfillment of human rights of SADC citizens. BOCISCOZ further urges SADC and SADC member states to act decisively to prevent the continued impunity of the Government of Zimbabwe, to preserve the sanctity of regional institutions and to promote the effective implementation of the GPA.

17 September 2009
Gaborone

For more information, please contact DITSHWANELO – The Botswana Centre for Human Rights at Tel: 267 390 6998 Fax: 267 3907778, Website: www.ditshwanelo.info.bw, Email:admin.ditshwanelo@info.bw