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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Mike Campbell (Pvt) Ltd et al v The Republic of Zimbabwe: Zimbabwe's land reform programme held in breach of the SADC Treaty
Author:Naldi, Gino J.ISNI
Year:2009
Periodical:Journal of African Law
Volume:53
Issue:2
Pages:305-320
Language:English
Geographic terms:Southern Africa
Zimbabwe
Subjects:African courts
SADC
land reform
expropriation
judgments
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. Notes, ref., sum. [Journal abstract]
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