SADC Tribunal
Encyclopedia
The SADC Tribunal is a court and the highest policy institution of the Southern African Development Community
(SADC). It is housed in the Turnhalle building
in Windhoek
, the capital of Namibia
. Although established on paper since 1992, members of the Tribunal were only appointed during the SADC Summit in 2005. On 18 November 2005 the Tribunal was inaugurated and the members were sworn in by Peter Shivute
, Chief Justice of Namibia
of the Namibian Supreme Court
.
Before the first case was heard by the Tribunal, the Turnhalle burned down on 18 January 2007. The court room was completely destroyed. Reconstruction work started in November 2007.
the Tribunal decided in 2007 and 2008 that the government of Zimbabwe
may not evict farmer Mike Campbell
from his land, and that farm evictions per Amendment 17 of Zimbabwe's constitution
amount to de facto
discrimination of Whites. Following this decision, Zimbabwe pulled out of the SADC Tribunal, challenging its legitimacy. The 2010 SADC summit then ordered a review of the "functions and [...] terms of reference of the SADC Tribunal", a step that a group of legal and human rights organizations describes as "virtually suspending" this inter-regional court. The Tribunal currently has only four of ten judges appointed and does not accept nor hear any cases.
Southern African Development Community
The Southern African Development Community is an inter-governmental organization headquartered in Gaborone, Botswana. Its goal is to further socio-economic cooperation and integration as well as political and security cooperation among 15 southern African states...
(SADC). It is housed in the Turnhalle building
Turnhalle (Windhoek)
The Turnhalle is a historic building in Windhoek, the capital of Namibia. Built during the era of Imperial Germany colonisation of South-West Africa, it has been through a variety of uses, most prominently as the venue for the 1975–1977 Turnhalle Constitutional Conference, a controversial attempt...
in Windhoek
Windhoek
Windhoek is the capital and largest city of the Republic of Namibia. It is located in central Namibia in the Khomas Highland plateau area, at around above sea level. The 2001 census determined Windhoek's population was 233,529...
, the capital of Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
. Although established on paper since 1992, members of the Tribunal were only appointed during the SADC Summit in 2005. On 18 November 2005 the Tribunal was inaugurated and the members were sworn in by Peter Shivute
Peter Shivute
Peter Sam Shivute is a Namibian judge. He has been the Chief Justice of the Supreme Court of Namibia in Windhoek since 1 December 2004, and he is the first black Namibian to occupy that post.-Early life and education:...
, Chief Justice of Namibia
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Namibian Supreme Court
Supreme Court of Namibia
The Supreme Court of Namibia is the supreme court in all matters under Namibian law. It is the court of last resort and highest appellate court in the country. It is located in the centre of the capital Windhoek.-History:...
.
Before the first case was heard by the Tribunal, the Turnhalle burned down on 18 January 2007. The court room was completely destroyed. Reconstruction work started in November 2007.
Key decisions
In one of its first cases, Mike Campbell (Pvt) Ltd and Others v Republic of ZimbabweMike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe
Mike Campbell Ltd et al. v. Republic of Zimbabwe is a case decided by the Southern African Development Community Tribunal...
the Tribunal decided in 2007 and 2008 that the government of Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
may not evict farmer Mike Campbell
Mike Campbell
Michael Wayne "Mike" Campbell is an American guitarist, songwriter, and record producer, best known for his work with Tom Petty and the Heartbreakers.-Early years:...
from his land, and that farm evictions per Amendment 17 of Zimbabwe's constitution
Constitution of Zimbabwe
The Constitution of Zimbabwe is officially the supreme law of Zimbabwe. Practically, the 2008 power-sharing deal provides the structure for much of the government. The current constitution is a result of the 1979 Lancaster House Agreement and is sometimes called the Lancaster Constitution...
amount to de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
discrimination of Whites. Following this decision, Zimbabwe pulled out of the SADC Tribunal, challenging its legitimacy. The 2010 SADC summit then ordered a review of the "functions and [...] terms of reference of the SADC Tribunal", a step that a group of legal and human rights organizations describes as "virtually suspending" this inter-regional court. The Tribunal currently has only four of ten judges appointed and does not accept nor hear any cases.