Windhoek -SADC ministers of justice are expected to brief heads of state at the next summit on the way forward regarding the 2009 SADC Tribunal ruling which declared Zimbabwe's land reform programme illegal.
The contentious issue is now being handled by the regional bloc's ministers of justice and Attorney Generals who are expected to give feed back to heads of state at the next summit scheduled for Windhoek, Namibia later this year, and recommend a lasting solution to the ongoing feud triggered by Zimbabwe's land reform programme.
The Windhoek-based Tribunal referred the matter to heads of state last year after the Zimbabwean government refused to recognise the judgement.
The dispute could not be discussed at the last SADC summit as all regional ministers of justice had not been appraised of the matter.
Last month a Zimbabwean High Court Judge, Justice Bharat Patel also refused to register the ruling after aggrieved white commercial farmers turned to the courts to enforce the Tribunal judgement.
"Having regard to the foregoing considerations and the overwhelming negative impact of the Tribunal's decision on domestic law and agrarian reform in Zimbabwe, and notwithstanding the international obligations of the government, I am amply satisfied that the registration and consequent enforcement of that judgement would be fundamentally contrary to the public policy of this country," Patel said.
"If the Tribunal's judgement were to be registered by this court and subsequently voluntarily complied with or enforced by court orders, the government would be required to contravene and disregard what Parliament has specifically enacted in Section 16B of the Constitution."
Patel said that enforcing the Tribunal ruling would necessitate government having to reverse the land reform programme which started in 2000.
"This in my view, simply cannot be countenanced as a matter of law, let alone as an incident of public policy," Patel said. But SADC Tribunal registrar Justice Mkandawire said the Tribunal's judgement is final and binding, adding that justice ministers will recommend the way forward to heads of state.
Mkandawire dismissed earlier claims by the Zimbabwean government that Harare does not recognise the legality of the SADC Tribunal.
"The recognition is now there if we are to go by the recent High Court ruling (by Justice Patel) unless Zimbabwe wants to go against their own High Court Judge," Mkandawire said.
Mkandawire said the issue of enforcement is also beyond the Tribunal adding that it is up to the heads of state, acting on recommendations from ministers. "Justice Ministers have all the wisdom to find options or solutions. These are very experienced legal people and they would be able to come up with an amicable solution.
"SADC, in terms of policy of its various organs, operates through consensus," Mkandawire said.
