Farmer on horseback riding from Zimbabwe to Windhoek for reinstatement of the SADC Tribunal

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In 2009, the SADC Tribunal ordered Zimbabwe to give farms it had expropriated in its catastrophic land grabs since 2000, back to the farmers.

The Zimbabwean government under Robert Mugabe, ignored the order.

In its unanimous decision on 28 November 2008, the Tribunal ordered Mugabe’s government to protect “possession, occupation and ownership” of all the applicants’ farms, except for two, who had already been forcibly evicted. The state was ordered to pay them compensation. The South African Development Community Tribunal in Windhoek has been limited to hearing disputes between member countries. A new protocol signed in 2014 does not provide for complaints from citizens against their own countries. )

The epic journey, he said, gave impetus to the cause, and since he had raised his head above the parapet in Namibia, it had “captured people’s imagination” and he had received overwhelming support. But amidst the support, including in Zimbabwe where people in poverty-stricken rural villages he passed welcomed him and provided water they had themselves collected from wells two or three kilometres away, he has also been threatened.

The records of the North Gauteng high court, Supreme Court of Appeal , and the Constitutional Court show a long and slow trek to justice that began, according to attorney Willie Spies, with Zimbabwean farmers vainly trying to get the Zimbabwean courts to enforce the Tribunal’s rulings.

 

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