An historic bilateral promotion and reciprocal protection of investments treaty (Bippa) capped an extraordinary week for Zimbabwe after a South African court ruling had bound Pretoria to honour a landmark property rights ruling by the Southern African Development Community (SADC) Tribunal in November 2008, which found Zimbabwe's 'land-grab' policy to be unlawful and discriminatory.

Legalbrief reports that Economic Planning and Investment Promotion Minister Elton Mangoma signed the agreement on Friday on behalf of Zimbabwe while South Africa's Trade and Industry Minister Dr Rob Davies represented South Africa. Bippa is aimed at providing security of tenure to SA investments in Zimbabwe, but expressly excludes past claims arising from Zimbabwe's post-2000 land seizures. The agreement, which comes after almost five years of negotiations, will now be presented to the Parliaments of both countries for ratification before it comes into force.


Legal experts have questioned the Bippa, saying in breaches SA law. By signing the agreement, the SA Government has acted contrary to the principles of the SADC Treaty and other international instruments, and in violation of the SA Constitution, Jeremy Gauntlett and FB Pelser said in a report carried on the allAfrica.com site. They argued that both countries are members of SADC and are bound by international and constitutional law obligations impacting on Bippas. Of particular significance, they say, is the fact that the Bippa seeks to give the Zimbabwean Government immunity from prosecution for post-2000 land seizure measures, despite the fact that such claims have been upheld by the relevant international court - the SADC Tribunal, which last year ruled that Robert Mugabe's land-grabs were unlawful and discriminatory. The report notes that although the SA Government was bound to the Tribunal ruling by a High Court order last week following a settlement in a case brought by civil group AfriForum, a similar case brought in Zimbabwe to force the Mugabe-led government to recognise the ruling failed because Justice Barat Patel upheld a High Court application by Mugabe's right-hand man - Justice Minister Patrick Chinamasa - that Gauntlett cannot practice law in the country.
Full report on the allAfrica.com site

The signing ceremony was boycotted by South African business, which apparently views it with suspicion. 'We want this Bippa between our two countries to work. Bippa is a document signalling to the world that Zimbabwe is ready for investments,' Elton Mangoma, Zimbabwe's Trade Minister, is quoted as saying in a report on the Fin24.com site. Mangoma said Zimbabwe was working hard to improve its investment climate and assured South Africans and other countries that their businesses will not be affected by the state's controversial empowerment law, which requires that locals own a 51% stake in all foreign firms. 'When we look at our empowerment law, we are not looking at charity cases, not looking at corruption cases,' the Minister said. Business Unity SA says it was not consulted about the Bippa's contents, and the reported content of the agreement has rung alarm bells for some members.
Full report on the Fin24.com site

The outcome of the court action ahead of the signing has been welcomed by farmers' union AgriSA - because it commits the SA Government for the first time to upholding the landmark property rights ruling handed down by the SADC Tribunal. A Business Day report says the treaty, together with an out-of-court settlement between pressure group AfriForum and the Department of Trade and Industry, made an order by the North Gauteng High Court, meant SA citizens who had lost farms in Zimbabwe would launch legal proceedings for compensation that could result in Zimbabwean property being attached in SA, the union said. 'It also means AgriSA can obtain a court order in SA to force our embassy in Harare to intervene in continuing land invasions on farms belonging to SA citizens in Zimbabwe.'
Full Business Day report
See also a report on the News24 site

In another significant development, Zuma has appointed a new team to monitor Zimbabwe's troubled unity government accord, ending former President Thabo Mbeki's mediation role, notes a report on the IoL site. 'As part of the evaluation process, the facilitation team will be visiting Zimbabwe at a date to be announced,' presidential spokesperson Vincent Magwenya said. 'Former President Thabo Mbeki's role was in the context of him being the head of state,' he added. The unity government formed in February this year has been fraught with power struggles, which saw Morgan Tsvangirai boycott it for three weeks in October. The stand-off was later resolved by regional leaders at a special summit in Mozambique. The Times notes that the new facilitation team includes Zuma's political adviser, Charles Nqakula, special envoy Mac Maharaj and international relations adviser Lindiwe Zulu. All three have histories with the military, all having been members of Umkhonto we Sizwe. Sisulu also now heads a department renamed to include 'military veterans' - a move which would have been met with approval by Zimbabwe's own military veterans. On Sunday, Tsvangirai said talks to resolve the issues facing the country's national unity government will wrap up before the deadline set by SADC. According to a report on the allAfrica.com site, he made the pronouncement at a rally in the capital attended by thousands to celebrate the 10th anniversary of the MDC. He said meetings between his party and Mugabe's Zanu-PF party and a breakaway faction of the MDC are taking place 'to define the framework of and the timelines within the time limit set by the SADC troika'. However, there is speculation at the Commonwealth summit meeting in Trinidad and Tobago that South African President Jacob Zuma will visit Harare this week to mediate between Zanu-PF and the MDC.
Full report on the IoL site
Full report in The Times
Full report on the allAfrica.com site

British Prime Minister Gordon Brown told the Commonwealth summit meeting in Trinidad and Tobago that he has held out the prospect that Zimbabwe could be re-admitted to the Commonwealth in 2011 if it pushes ahead with reforms. And Zuma used the same forum to urge that Zimbabwe be re-admitted into the group, notes a report in The Citizen. 'President Zuma... welcomed efforts by the leaders of the Commonwealth Group attending the Commonwealth head of government summit in Trinidad and Tobago, to consider the re-admission of Zimbabwe,' said Presidential spokesperson Vincent Magwenya in a statement on Sunday. 'Zimbabwe's re-admission into the Commonwealth will serve as a recognition to the progress that has been achieved thus far.' Zimbabwe withdrew from the Commonwealth in 2003 after the organisation renewed a suspension imposed a year earlier when Mugabe won re-election in a poll most observers said was rigged.
Full report in The Citizen

Zimbabwe's central bank Governor said the country will not put the local dollar back into circulation anytime soon as the economy must first achieve growth rates of at least 7%. 'For the avoidance of doubt and market uncertainty, it is hereby clarified that the re-introduction of the Zimbabwe dollar will only be contemplated when certain fundamentals have been achieved,' said Governor, Gideon Gono. FIN24 reports that Gono, who the MDC want removed at the helm of the central bank, is one of the outstanding issues that has stalled the unity government.
Full FIN24 report