The South African Supreme Court has confirmed that judgments of the Southern African Development Community (SADC) Tribunal are enforceable in South Africa. Ironically, the judgment comes after the Tribunal was disbanded in August 2012.
In November 2008, the SADC Tribunal found Zimbabwe’s land reform processes to be unlawful and ordered that the government compensate farmers for their land. The Zimbabwean government refused to comply with the orders of the tribunal, and the farmers involved applied to have the ruling and costs order recognised in South Africa (also a SADC Member State).
South Africa’s Supreme Court upheld the now-defunct SADC Tribunal’s judgment and ordered the sale of Zimbabwean property in Cape Town in discharge of a costs order.
This case marks a legal first as the first execution of a sale of property belonging to a state that has committed human rights violations.