Saturday, May 21, 2011

(HERALD) Summit dissolves Tribunal

Summit dissolves Tribunal
Friday, 20 May 2011 22:36
From Munyaradzi Huni in WINDHOEK, Namibia

THE Sadc Tribunal was dissolved at the regional grouping's extraordinary summit here yesterday with leaders tasking Jus-tice Ministers to reconstitute the tribunal to give it a new mandate. Foreign Affairs Minister Simbarashe Mbengegwi said: "We are very happy because we have fought for this decision for a very long time.

"So today we have completely and totally dissolved the tribunal." The tribunal was suspended last August pending proper reconstitution this year.

This came in the wake of complaints and objections raised by Zimbabwe over its rulings that sought to nullify the revolutionary land reform programme laun-ched by the Government at the turn of the millennium.

Some white former commercial farmers took their cases to the tribunal in a bid to reverse the land reform programme after the State acquired their farms for redistribution to the landless majority.

The tribunal subsequently courted controversy when it passed judgments that contravened Zimbabwe's constitutional position on land reform.

Government made it clear that it was not bound by the rulings as the tribunal's constituting treaty had not been ratified by two-thirds of Sadc members as required.

Zimbabwe is among 10 countries that had not ratified the protocol that seeks to give the tribunal force.

Zimbabwe's position was backed at an Extraordinary Sadc Summit in Pretoria, South Africa, in August 2008 where leaders resolved that the tribunal's standing be reviewed.

The review was not forthcoming, forcing the summit to restate its position when it convened in Kinshasa, DRC, last year.

Meanwhile, Sadc chairman President Hifikepunye Pohamba of Namibia deferred discussion on the political situation in Zimbabwe to next month.

He said the issue would now be dealt with on the sidelines of the Comesa-Sadc-EAC Tripartite meeting in South Africa next month.

This followed an invitation by President Pohamba to chairman of the Troika, Zambian leader President Rupiah Banda, to make submissions on Zimbabwe.

President Banda said it would not be meaningful to discuss Zimbabwe in the absence of the facilitator, South African President Jacob Zuma. The move was seconded by Mozambi-que.

However, Botswana President Seretse Khama Ian Khama wanted the discussion to continue without the facilitator.

He said there were disturbing reports that came out from the Livingstone Su-mmit and he wanted the chairman of the Troika to brief them on what transpired.

Sources said President Mugabe then took the floor and agreed with President Banda to defer the issue.

President Mugabe reportedly said Zimbabwe had a strong view on the whole matter, particularly what happened in Livingstone.

The sources quoted President Mugabe as having said: "To us Livingstone is a bombshell, there were serious inaccuracies."

He also said Zimbabwe supported the postponement, saying other parties to the Global Political Agreement were absent.

"We will not want them to think that we are waylaying them," President Mugabe was quoted as saying.

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