The Decision in Mike Campbell v. The Republic of Zimbabwe: A Functional Paralysis of the SADC Tribunal
The Decision in Mike Campbell v. The Republic of Zimbabwe: A Functional Paralysis of the SADC Tribunal

Summary/Abstract: The South African Development Community (SADC) Tribunal is one of the supposed supranational legal institutions in Africa that would have contributed greatly to the development of human rights and the resolution of inter-country disputes within the South African Sub-continent, but for the decision in Campbell’s case. Campbell approached the SADC Tribunal in October 2007, challenging Zimbabwe’s acquisition of land for reforms, and seeking an interim interdict from the Tribunal. An order restraining Zimbabwe and in favour of the applicants was granted in December 2007. As a result of the final decision in this case, the Tribunal was suspended and eventually dissolved by the Southern African Development Community Summit of Heads of State and Government in August, 2010 and 2012 respectively. This paper examines the issues surrounding the establishment of the Tribunal, the supranational status of the Tribunal, the appointment and independence of the Tribunal members or judges, the present paralysis being suffered by the Tribunal as a result of disbanding the Tribunal members, Preliminary Issues considered before the Decision in Mike Campbell’s Case, the aftermath of the decision in Mike Campbell’s Case resulting in the paralysis of the Tribunal, and thereafter this paper will conclude by making positive recommendations that will lead to the possible revival of the Tribunal to enable it perform its responsibility in accordance with its mandates under the SADC Treaty.

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