Fick & Others v the Republic of Zimbabwe: A national court finally enforces the judgment of the SADC Tribunal as a foreign judgment – a commentary on implications on SADC Community Law

Abstract

The SADC Tribunal, notwithstanding its hibernation status as it currently goes through a legislative review, continues to somehow remain the subject of discussions in various fora including national judiciaries. This commentary is predicated upon two national courts judgments rendered in two different countries but largely emanating from the on-going ramifications of the judgment in Mike Campbell & Ors v Government of Zimbabwe & Ors. 1 On 29 January 2009, the High Court of Zimbabwe (herein Harare High Court) dismissed an application for the registration of the Campbell judgment for purposes of recognition and enforcement in the case of Gramara (Pvt) Limited & ors v Government of Zimbabwe and Ors. 2 Four years later, in the case of Republic of Zimbabwe & Another vs Fick & Others, 3 the Constitutional Court of South Africa (herein CCSA) granted leave to appeal, but on the merits dismissed the appeal by Zimbabwe against the decision of the Supreme Court of Appeal4 of South Africa (herein SCASA) confirming the dismissal of an application for rescission of judgment by the Northern Gauteng High Court sitting at Pretoria.5 The decision Zimbabwe sought to be rescinded was an order granting the recognition and registration of the costs order rendered by the SADC Tribunal in the Campbell case.