Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe
| Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe | |
|---|---|
| Court | SADC Tribunal |
| Full case name | Mike Campbell (Pvt) Ltd and 78 Others versus the Republic of Zimbabwe |
| Decided | 28 November 2008 |
| Citation(s) | [2008] SADCT 2 |
| Case opinions | |
| (1) By unanimity: the Tribunal has jurisdiction to hear the case. (2) By unanimity: the Applicants have been denied access to the courts in Zimbabwe. (3) By a majority of four to one: the Applicants have been discriminated against on the ground of race. (4) By unanimity: fair compensation is payable to the Applicants for their lands compulsorily acquired by the government of Zimbabwe. | |
| Court membership | |
| Judge(s) sitting | Ariranga Pillay (President), Isaac Mtambo, Luis Mondlane, Rigoberto Kambovo, Onkemetse Tshosa |
Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe is a case decided by the Southern African Development Community (SADC) Tribunal (hereinafter "the Tribunal"). The Tribunal held that the Zimbabwean government violated the organisation's treaty by denying access to the courts and engaging in racial discrimination against white farmers whose lands had been confiscated under the land reform program in Zimbabwe.
Land reform in Zimbabwe began after the signing of the Lancaster House Agreement in 1979 in an effort to more equitably distribute land between the historically disenfranchised blacks and the minority whites. Government-orchestrated land invasions began in February 2000. The Zimbabwean government formally announced a "fast track" resettlement program in July 2000, stating that it would acquire more than 3,000 farms for redistribution.
During the early 1970s Campbell, a South African Army captain, had been involved in the Rhodesian Bush War that pitted Rhodesia's mostly white government—50 of the 66 parliamentary seats were reserved for whites—against black nationalist guerrillas. He moved to Mount Carmel farm in 1974. He added a neighbouring plot of land in 1980, following Zimbabwean independence. As well as farming, Campbell set up an extensive nature reserve on the property, replete with giraffes, impala and other indigenous animals. He also created the Biri River Safari Lodge, which became a popular tourist attraction.
Campbell purchased Mount Carmel from himself after independence. (The full title was vested in 1999, when the Zimbabwean government declared no interest in the land.) In July 2001, amid large-scale land invasions by "war veterans", Campbell received a government notice to acquire Mount Carmel in the district of Chegutu, but the notice was declared invalid by the High Court. In July 2004, a new notice of intent to acquire Mount Carmel was published in the official Government Gazette, but no acquisition notice was actually issued. However, two months later, according to court filings, "persons purported to occupy the farm on behalf of Zanu PF spokesman Nathan Shamuyarira, claiming the former minister had been allocated the farm." After three more preliminary notices to take the farm were published in 2004, Campbell applied to the High Court for a protection order.
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