MIKE CAMPBELL (PVT) LTD & ORS v REPUBLIC OF ZIMBABWE 2008 (2) ZLR 343 (SADC T)
Citation | 2008 (2) ZLR 343 (SADC T) |
Case No | Judgment No. SADC(T)-2-07 |
Court | SADC Tribunal, Windhoek |
Judge | Pillay P, Mtambo J, Mondlane J, Kambovo J & Tshosa J |
Heard | 28 November 2008 |
Judgment | 28 November 2008 |
Counsel | J J Gauntlett SC, with him A P de Bourbon SC, J L Jowell QC & Mrs E N Angula, for the applicants |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 1980 – Declaration of Rights – s 18(1) & (9) – right to protection of the law – right specifically ousted in relation to land acquired under s 16B
International law – international tribunals – access to – requirement that domestic remedies must have been exhausted – applicants entitled to approach such tribunals where domestic remedies are denied or are ineffective
International law – treaties – binding nature of – effect of domestic legislation – party to treaty may not invoke domestic law to evade treaty obligations
International law – treaties – SADC Treaty – art 4(1) – interpretation – principles – requirement to act in accordance with human rights, democracy and the rule of law – art 21(b) – Tribunal required to develop its own jurisprudence, having regard to applicable treaties, general principles and rules of public international law
Jurisprudence – rule of law – meaning of – essential rights embodied in rule of law – right of access to courts and right to fair hearing
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