Abstract :
In its first judgment the South African Development Community (SADC) Tribunal
had to determine whether Zimbabwe’s controversial programme of land redistribution
for resettlement purposes was compatible with the SADC Treaty. The tribunal
provided one of the few avenues of redress for farmers deprived of their property
without compensation. It held that the land reform programme breached the treaty
on the grounds that the property owners had been denied access to the domestic
courts, that the applicants had been victims of racial discrimination, and that the
state had failed to pay compensation for the lands compulsorily acquired. While
the tribunal appears to have reached the right conclusions, its reasoning could
have been more persuasive. Of wider significance is the fact that the tribunal has
established itself as a forum that can provide relief for human rights violations.
Its finding that human rights are justiciable under the treaty is notable.
