20101106
africanews

A Switzerland based consultancy firm has been appointed by Southern Africa Development Committee (SADC) Justice Ministers to review the roles and responsibilities of the regional bloc's tribunal.

The tribunal had been suspended at the last SADC Heads of State and Government summit in August after Zimbabwe had raised concerns over the constitutionality of the body after it had ruled against the country’s favour in a land dispute with some white commercial farmers. The farmers are claiming compensation of their properties they allegedly lost during the government’s much controversial land reform program.

The bloc’s Justice Ministers met in Swakopmund, Namibia, last week to discuss the Tribunal’s operations.

Justice and Legal Affairs Minister Patrick Chinamasa of Zimbabwe yesterday confirmed the appointment of World Trade Institute Advisor (Ltd) from a shortlist of seven submissions.

“The company demonstrated a high-level understanding of the assignment and produced comprehensive methodology and provided us with a well thought out workplan in response to the terms of reference that were recommended to the summit by the committee of ministers and adopted by the summit,” he said.

World Trade Institute Advisor which would be directly accountable to the SADC Committee of Ministers and Attorneys-General is expected to complete its work by February 2011.

“The outcome of the review must reflect views of the membership of Sadc with respect to the Tribunal and what jurisdiction we desire to give to the institution in respect to issues, persons and state parties.

“It must also show how the SADC harmonised community law is to be developed and how this community law will relate to the domestic law of member states and also how the institution in the exercise of its jurisdiction will relate to the judicial institutions of member countries,” he added.

Last year Zimbabwe refused to accept the tribunal ruling that favoured the displaced white commercial farmers in a development that has also seen the government’s property in South Africa being auctioned by the victorious white farmers claiming that the body was undermining member states’ constitutions.

Zimbabwe at the last SADC Summit argued that the pre-requisite two-thirds of the bloc’s membership had not ratified the Tribunal’s founding protocol and so the body was not legitimate.