Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] Zasca 122

Abstract

The Southern Africa Development Community Tribunal (SADC Tribunal) was formed in terms of article 2 of the Protocol on Tribunal and Rules of Procedure thereof (SADC Protocol on the Tribunal) to ensure adherence to and proper interpretation of the Treaty of the Southern African Development Community (SADC Treaty) and its subsidiary instruments, and to adjudicate disputes referred to it? In terms of the provisions of article 16(5) of the SADC Treaty and article 32(3) of the SADC Protocol on the Tribunal, the decisions of the SADC Tribunal are final and binding to the parties in dispute. The SADC Tribunal has issued various judgments against the Republic of Zimbabwe (Zimbabwe); however, there has been no compliance with its decisions by Zimbabwe. Frustrated by unsuccessful efforts to register and enforce the rulings of the SADC Tribunal before the domestic courts of Zimbabwe, the applicants decided to approach the South African courts in an attempt to register and enforce the decisions of the Tribunal. This article discusses the legal status of international law in South Africa's municipal law in light of the decision of the Supreme Court of Appeal, South Africa (SCA) in the matter between the Government of the Republic of Zimbabwe v Fick and Others.