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

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.

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ORCID for Werner Scholtz: orcid.org/0000-0003-0959-0054

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