The University of Southampton
University of Southampton Institutional Repository

Much ado about nothing? The SADC tribunal’s quest for the rule of law pursuant to regional integration

Much ado about nothing? The SADC tribunal’s quest for the rule of law pursuant to regional integration
Much ado about nothing? The SADC tribunal’s quest for the rule of law pursuant to regional integration
Art. 9 of the Southern African Development Community Treaty (SADCTreaty) established the Southern African Development Community Tribunal in 1992. The Tribunal became operational in 2005 in Windhoek. The decision of the Tribunal in the matter between Mike Campbell and Others v.The Republic of Zimbabwe received a great deal of attention since it dealt with the so-called “land reform” process in Zimbabwe. This case compelled the Tribunal to rule on a dispute concerning human rights, the rule of law and democracy in order to ensure adherence to Art. 4 of the SADC Treaty.The authors utilises the decision as a point of departure in order to illustrate how the Tribunal, as a member of a loose community of courts, oversees member states in order to strengthen the rule of law and democracy pursuant to the promotion of human rights in the context of regional integration.The authors also deal with the persistent refusal of Zimbabwe to adhere to the decisions of the Tribunal and indicate that this disdain for the rule of law is not beneficial to the scheme of regional integration in Southern Africa.
331-358
Scholtz, Werner
4e8ad72b-807a-4aee-bee3-203f038a0a8c
Ferreira, Gerrit
d36b0ccb-0574-4e9a-b245-957cddfe0283
Scholtz, Werner
4e8ad72b-807a-4aee-bee3-203f038a0a8c
Ferreira, Gerrit
d36b0ccb-0574-4e9a-b245-957cddfe0283

Scholtz, Werner and Ferreira, Gerrit (2011) Much ado about nothing? The SADC tribunal’s quest for the rule of law pursuant to regional integration. Heidelberg International Law Journal, 331-358.

Record type: Article

Abstract

Art. 9 of the Southern African Development Community Treaty (SADCTreaty) established the Southern African Development Community Tribunal in 1992. The Tribunal became operational in 2005 in Windhoek. The decision of the Tribunal in the matter between Mike Campbell and Others v.The Republic of Zimbabwe received a great deal of attention since it dealt with the so-called “land reform” process in Zimbabwe. This case compelled the Tribunal to rule on a dispute concerning human rights, the rule of law and democracy in order to ensure adherence to Art. 4 of the SADC Treaty.The authors utilises the decision as a point of departure in order to illustrate how the Tribunal, as a member of a loose community of courts, oversees member states in order to strengthen the rule of law and democracy pursuant to the promotion of human rights in the context of regional integration.The authors also deal with the persistent refusal of Zimbabwe to adhere to the decisions of the Tribunal and indicate that this disdain for the rule of law is not beneficial to the scheme of regional integration in Southern Africa.

Text
Much Ado About Nothing The SADC Tribunal’s Quest for the Rule of Law - Version of Record
Restricted to Repository staff only
Request a copy

More information

Published date: 2011

Identifiers

Local EPrints ID: 446976
URI: http://eprints.soton.ac.uk/id/eprint/446976
PURE UUID: c09e80c4-e718-4cc9-9e46-d42bb398daff
ORCID for Werner Scholtz: ORCID iD orcid.org/0000-0003-0959-0054

Catalogue record

Date deposited: 01 Mar 2021 17:31
Last modified: 23 Jul 2022 02:29

Export record

Contributors

Author: Werner Scholtz ORCID iD
Author: Gerrit Ferreira

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×