07/08_JUD Luke Muyandu Tembani v. Zimbabwe In the Southern African Development Community (SADC) Tribunal Windhoek, Namibia In the Matter Between Luke Munyandu Tembani - Applicant And The Republic Of Zimbabwe - Respondent Coram H.E. Justice A.G. Pillay - President H.E. Justice I.J. Mtambo SC - Member H.E. Justice Dr. L.A. Mondlane - Member H.E. Justice Dr. R. Kambovo - Member H.E. Dr. O.B. Tshosa - Member Applicant's Agents: J. Gauntlett SC F. Pelser, Counsel Respondent's Agents: P. Machaya, Deputy Attorney-General N. Mutsonziwa Hon. Justice M.C.C. Mkandawire - Registrar Mr. D. Shivangulula - Court Clerk Judgment Delivered by H. E. Justice Ariranga G. Pillay 1. Background This application involves the consideration of the issue as to whether section 38 of the Agricultural Finance Corporation Act (cap. 18:02) [the Act] of the Laws of Zimbabwe conforms with Articles 4(c) and 6(1) of the Treaty of the Southern African Development Community (the Treaty), which provide as follows: ARTICLE 4: "SADC and its Member States shall act in accordance with the following principles: (c) human rights, democracy and the rule of law." ARTICLE 6: "(1) Member States undertake to adopt adequate measures to promote the achievement of the objectives 1

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