Campbell v Republic of Zimbabwe

• Jurisdiction: South Africa
• Judge: AG Pillay JP, IJ Mtambo SC J, Dr LA Mondlane J, Dr R Kambovo J, Dr O B Tshosa J
• Judgment Date: 01 April 2014
• Docket Number: SADC (T) 03/2009
• Court: Southern African Development Community Tribunal
• Hearing Date: 01 March 2014
• Citation: 2014 JDR 0333 (SADC)

Campbell v Republic of Zimbabwe
2014 JDR 0333 (SADC)

2014 JDR 0333 p1

Citation	2014 JDR 0333 (SADC)
Court	Southern African Development Community Tribunal
Case no	SADC (T) 03/2009
Judge	AG Pillay JP, IJ Mtambo SC J, Dr LA Mondlane J, Dr R Kambovo J, Dr O B Tshosa J
Heard	March 1, 2014
Judgment	April 1, 2014
Appellant/; Plaintiff	William Michael Campbell; Richard Thomas Etheredge
Respondent/; Defendant	Republic of Zimbabwe

Summary

Contempt of court — Disobedience of order of SADC tribunal — Government of Zimbabwe failing to comply with decision of Tribunal — Finding of contempt and adverse costs order made — Matter reported to Summit for it to take appropriate action.

2014 JDR 0333 p2

Judgment

RULING

Delivered by the President of the Tribunal H.E. Justice A.G. Pillay.

This is an urgent application filed by the applicants on 7 May 2009 seeking, in substance, a declaration to the effect that the respondent is in breach, and contempt, of the decision of the Tribunal of the 28th November 2008 in the matter of Mike Campbell (Pvt) Ltd and 78 Others v The Republic of Zimbabwe (Case no SADC (T) 02/07).

The decision of the Tribunal was to the effect, in substance, that "the Respondent is directed to take all necessary measures, through its agents, to protect the possession, occupation and ownership of the land of the applicants… and to take all appropriate measures to ensure that no action is taken… directly or indirectly whether by its agents or others, to evict from, or interfere with, the peaceful residence on, and of these farms, by the applicants."

We note that the respondent has not taken part in the proceedings since, as learned Counsel for the respondent has put it, he lacks instructions from the respondent.

We hold that the applicants have adduced enough material to show that the existence of a failure on the part of the respondent and its agents to comply with the decision of the Tribunal has been established. In this regard, we need only, inter alia, to refer to-

(1)

the Deputy Attorney-General's letter addressed to Messrs Gollop and Blank, Legal Practitioners dated 18 December 2008 which says: "… that the policy position taken by the Government to the judgment handed down by the SADC Tribunal on the 28th November, 2008 is that all prosecutions of defaulting farmers under the provisions of the Gazetted Lands...