Posted 12:00 AM Feb 5, '08
0 CommentsRegional Dispute Resolution: The SADC Tribunal's First Test
Professor Gerhard Erasmus, a tralac Associate and Advocate George Coleman from the Windhoek Bar comment on the SADC Tribunal's first test with regional dispute resolution.
"The Southern African Development Community Tribunal (SADC Tribunal) was established by Article 9 of the SADC Treaty and has just handed down its first ruling. This Tribunal is empowered, in terms of Article 16 of the SADC Treaty, "…to ensure adherence to and the proper interpretation of the provisions of (the) Treaty and subsidiary instruments and to adjudicate upon such disputes as may be referred to it. The SADC Protocol on the Tribunal and Rules of Procedure Thereof (the Protocol) circumscribes the Tribunal's jurisdiction in detail. The Tribunal was inaugurated on 18 November 2005. It is seated in Windhoek, Namibia.
On 11 October 2007 Mike Campbell (PVT) Limited, a Zimbabwean registered company, and Another, instituted a case with the Tribunal to challenge the acquisition of agricultural land in Zimbabwe by the Government of Zimbabwe on the basis of, amongst others, an argument that the expropriation of the land has infringed their property rights. The matter was also pending in the Supreme Court of Zimbabwe at the time. As a result, an application was brought in terms of Article 28 of the Protocol for an interim measure to interdict the Government of Zimbabwe from evicting Mike Campbell (PVT) Limited et al from the land in question in the meantime. This is referred to as interlocutory relief in municipal law parlance. Read the rest of the comment here: REGIONAL DISPUTE RESOLUTION: THE SADC TRIBUNAL'S FIRST TEST
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On 11 October 2007 Mike Campbell (PVT) Limited, a Zimbabwean registered company, and Another, instituted a case with the Tribunal to challenge the acquisition of agricultural land in Zimbabwe by the Government of Zimbabwe on the basis of, amongst others, an argument that the expropriation of the land has infringed their property rights. The matter was also pending in the Supreme Court of Zimbabwe at the time. As a result, an application was brought in terms of Article 28 of the Protocol for an interim measure to interdict the Government of Zimbabwe from evicting Mike Campbell (PVT) Limited et al from the land in question in the meantime. This is referred to as interlocutory relief in municipal law parlance. Read the rest of the comment here: REGIONAL DISPUTE RESOLUTION: THE SADC TRIBUNAL'S FIRST TEST
We look forward to receiving your comments.
Tell us what you think...
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