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
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