Mike Campbell (Pvt) Ltd, William Michael Campbell and Others v. Republic of Zimbabwe

Title: Mike Campbell (Pvt) Ltd, William Michael Campbell and Others v. Republic of Zimbabwe

Description:

385Expropriation — Agricultural land — Taking of property — Land reform programme in Zimbabwe — Zimbabwe compulsorily acquiring applicants’ agricultural lands — Whether lawful — Whether Zimbabwe breaching obligations under Southern African Development Community Treaty, 1992 — Whether compensation payableRelationship of international law and municipal law — Treaties — Southern African Development Community Treaty, 1992 — Zimbabwe party to Treaty — International human rights treaties — Land reform programme in Zimbabwe — Constitution of Zimbabwe (Amendment 17) — Amendment 17 authorizing compulsory acquisition of agricultural lands by Zimbabwe — Amendment 17 ousting jurisdiction of courts to entertain challenge to compulsory acquisition of lands — Whether Zimbabwe breaching obligations under Treaty by enacting Constitution (Amendment 17) — Whether Southern African Development Community Tribunal having jurisdiction — Decision of Supreme Court of Zimbabwe — Relevance — Whether Zimbabwe acting in breach of Articles 4(c) and 6(2) of Treaty — Whether Zimbabwe could rely on national law to avoid legal obligations under Treaty — Whether fair compensation payable — Whether Zimbabwe could rely on national law to avoid international law obligationHuman rights — Property rights — Agricultural lands compulsorily acquired by Zimbabwe — Constitution of Zimbabwe (Amendment 17) containing Section 16B — Applicants challenging compulsory acquisition of lands by Zimbabwe — Whether acquisition of applicants’ lands illegal — Whether Zimbabwe breaching obligations under Southern African Development Community Treaty, 1992 — Whether compensation payableHuman rights — Right of access to courts — Right to fair hearing — Fundamental rights — International human rights treaties — Whether applicants denied rights by Constitution of Zimbabwe (Amendment 17) — Whether Zimbabwe breaching Article 4(c) of Southern African Development Community TreatyHuman rights — Discrimination — Racial discrimination — Land reform programme targeting white Zimbabwean farmers only — Whether based on racial discrimination — Definition of 386racial discrimination — Indirect discrimination — International human rights instruments — Zimbabwe acceding to International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights, African Charter on Human and Peoples’ Rights and Convention on the Elimination of All Forms of Racial Discrimination — International legal obligations of Zimbabwe — Legal obligations under Southern African Development Community Treaty — Whether Constitution of Zimbabwe (Amendment 17) discriminatory on ground of race — Whether Zimbabwe violating Article 6(2) of TreatyDamages — Compensation — International law — Right to fair compensation for expropriated land — Duty to compensate — Whether Zimbabwe could rely on Constitution of Zimbabwe (Amendment 17) to avoid international law obligation — Whether fair compensation payable.