The SADC Tribunal Thursday granted an interim relief to Zimbabwean white commercial farmer William Campbell who made an application to the regional court in a last ditch attempt to stave off an impending eviction from his farm.

He is not to be touched until the main case has been heard and decided on.

The SADC Tribunal Thursday granted an interim relief to Zimbabwean white commercial farmer William Campbell who made an application to the regional court in a last ditch attempt to stave off an impending eviction from his farm.

Delivering judgement on the Tribunal's groundbreaking case, heard in Windhoek this week, Justice Luis Anthonio Mondlane said that the Tribunal granted the application and ordered the Zimbabwean government not to evict and stop interfering with Campbell's farming operations pending the determination of a main case before Zimbabwe’s Supreme Court.

Campbell (75) had filed an urgent application for relief for himself, his family and all his employees from what he termed 'continued onslaught and intimidation' on his Mount Carmel farm in Chegutu.

Campbell had also laid charges against the Zimbabwean government for acquiring his farm under the country's compulsory land reform programme.
Through his lawyers led by Advocate Adrian de Bourbon, Campbell argued that the land reform was 'racially' motivated.

The case was first heard before a panel of three judges in Windhoek Tuesday.
Delivering judgement Thursday afternoon, Justice Mondlane said under Article 15 (1) of the SADC Protocol, the Tribunal has jurisdiction over disputes between states, and between natural or legal persons and states.

Zimbabwe, a member of the 14-state regional bloc, is signatory to the SADC Treaty which established the SADC Tribunal.

Mondlane said that SADC collectively and as individual member states are under a legal obligation to respect human rights of SADC citizens.

Based in Windhoek, the SADC Tribunal was established in 1992 under Article 9 of the SADC Treaty as one of the central institutions of the regional body, with the mandate to ensure that member countries adhere to the treaty, protocols and other legal instruments which require member states to respect the law.

“The matter before the Tribunal involves agricultural land, which the applicants allege that it has been acquired and that their property rights over that piece of land have thereby been infringed. This is a matter that requires interpretation and application of the Treaty thus conferring jurisdiction of the Tribunal,” Mondlane said.

During the hearing the Zimbabwean government argued that Campbell has a case pending before the Supreme Court in Zimbabwe and the Tribunal should not hear the case.

The government also argued that if the applicant (Campbell) wanted protection pending the decision of the Supreme Court, he should have approached the domestic courts.

Justice Mondlane said the argument that Campbell and his lawyers did not exhaust local remedies was not 'of relevance to the present application' adding that the Tribunal does not need to consider it.

Justice Mondlane said that Zimbabwe did not oppose the present application. “In the present, there is a prima facie right that is sought to be protected, which involves the right to peaceful occupation and use of land, and there is anticipated or threatened interference with that right, and the applicants do not appear to have any alternative remedy thereby tilting the balance of convenience in their favour,” said Justice Mondlane in the ruling.

“Accordingly, the Tribunal grants the application pending the determination of the main case and orders that the Republic of Zimbabwe shall take no steps, or permit no steps to be taken, directly or indirectly, whether by its agents or by orders, to evict or interfere with the peaceful residence on and beneficial use of the farm known as Mount Carmel...” said Justice Mondlane.