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41-536: Soon after the foundation of modern Windhoek in October 1890, a posh suburb developed on the slope of the hill opposite the city's railway station . The first Turners club, a German gymnastics association influenced by the suggestions of Turnvater Jahn , was founded in 1899. Exercise and practice took place where the Turnhalle stands today. A temporary corrugated iron structure was erected in 1905. On 6 March 1909,

82-502: A government notice to acquire Mount Carmel in the district of Chegutu , but the notice was declared invalid by the High Court. In July 2004, a new notice of intent to acquire Mount Carmel was published in the official Government Gazette, but no acquisition notice was actually issued. However, two months later, according to court filings, "persons purported to occupy the farm on behalf of ZANU–PF spokesman Nathan Shamuyarira, claiming

123-679: A stage was added, the building was also used for theatre performances and cinema. After Namibian independence in 1990, the Turnhalle was used as a conference venue, and for the National Council of Namibia , until that body moved to Tintenpalast . Afterwards it was earmarked to accommodate the SADC Tribunal court but burned down on 18 January 2007. It has been restored since then; the SADC Tribunal became operational in April of

164-585: The Lancaster House Agreement in 1979 in an effort to more equitably distribute land between the historically disenfranchised blacks and the minority whites. Government-orchestrated land invasions began in February 2000. The Zimbabwean government formally announced a "fast track" resettlement program in July 2000, stating that it would acquire more than 3,000 farms for redistribution. During

205-666: The Southern African Development Community (SADC) Tribunal (hereinafter "the Tribunal"). The Tribunal held that the Zimbabwean government violated the organisation's treaty by denying access to the courts and engaging in racial discrimination against white farmers whose lands had been confiscated under the land reform program in Zimbabwe . Land reform in Zimbabwe began after the signing of

246-711: The United Nations rejected the conference and its proposals. As a result of the Turnhalle Conference, the Democratic Turnhalle Alliance (DTA) party was formed in 1977. It won the 1978 elections and formed an interim government. Also other smaller parties carry Turnhalle in their name in reference to the Turnhalle Conference. The Namibia Democratic Turnhalle Party and the Rehoboth DTA Party both formed part of

287-544: The 2008 beating. The Supreme Court of Zimbabwe issued a decision in the case on 22 January 2008, dismissing Campbell's challenge. The Court held that: (1) race was not an issue in the case, because neither the relevant provisions of Section 16B of the Constitution nor the land acquisitions made reference to race or color; (2) the Government of Zimbabwe has an inherent right to compulsorily acquire property, and (3)

328-618: The Constitution is the supreme law of Zimbabwe. The SADC Summit orders a review of the role, functions and terms of the SADC Tribunal On 17 August 2010 the Summit of the SADC heads of state and government decided "that a review of the role functions and terms [sic] of reference of the SADC Tribunal should be undertaken and concluded within 6 months." According to an opinion submitted by a group of legal and human rights organisations,

369-589: The DTA. From 2005 to 2012 the SADC Tribunal, the highest policy institution of the Southern African Development Community , was housed in the Turnhalle building in Windhoek. Although established on paper since 1992, members of the Tribunal were only appointed during the SADC Summit in 2005. On 18 November 2005 the Tribunal was inaugurated and the members were sworn in by Peter Shivute , Chief Justice of Namibia of

410-602: The Namibian Supreme Court . Before the first case was heard by the Tribunal, the Turnhalle burned down on 18 January 2007. The court room was completely destroyed. Reconstruction work started in November 2007. In one of its first cases, Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe the Tribunal ruled in 2007 and 2008 that the government of Zimbabwe could not evict farmer Mike Campbell from his land, and that farm seizures per Amendment 17 of

451-430: The SADC Summit effectively suspended the Tribunal, as it failed to renew the tenure of five judges and failed to appoint new ones, leaving the Tribunal improperly constituted in violation of the Tribunal's Protocol; this decision may have been precipitated by Zimbabwe's challenge to the legality of the Tribunal after the Tribunal decided against Zimbabwe in cases concerning land disputes. In a draft report commissioned by

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492-592: The SADC and dated 14 February 2011, WTI Advisors (an affiliate of the World Trade Institute ) recommended, among other things, the following: SADC Member States should ensure that they give the force of law to SADC law by amending national law; Member States should consider amending the SADC Treaty to state that SADC law is supreme over national law, including constitutional law; the Tribunal should be given power to determine its own Rules of Procedure;

533-611: The South African government, the Turnhalle Conference laid the framework for the government of South West Africa from 1977 to independence in 1990. The conference was held in defiance of the 1972 United Nations General Assembly decision to recognise the South West Africa People's Organization (SWAPO) as the "sole legitimate representative" of Namibia's people. Consequently, SWAPO, as well as other political groups rejecting apartheid , did not participate, and

574-605: The Southern African Development Coordination Conference (SADCC), with the main aim of co-ordinating development projects to lessen economic dependence on the then apartheid South Africa. The Tribunal ensures adherence to, and the proper interpretation of, the provisions of the Treaty and the subsidiary instruments made under it, and adjudicates upon disputes referred to it. The Tribunal concluded that it had jurisdiction to hear

615-435: The Summit of the SADC. Non-enforcement of the Tribunal's judgment Mike Campbell applied to register the Tribunal's judgment of 28 November 2008 in the High Court on 23 December 2008, but the application was not accepted with no reasons given. Over a hundred prosecutions of white farmers continue because they remain on their lands. The High Court issued orders in April 2009 to evict the invaders on Mount Carmel, but nothing

656-605: The Supreme Court of Zimbabwe had confirmed the constitutionality of the land reform program, and registering the SADC Tribunal's judgment in Zimbabwe would challenge the Supreme Court's decision and undermine its authority; this would be contrary to public policy. Second, if the Zimbabwean government complied with the SADC Tribunal's decision, it would contravene section 16B of the Constitution (introduced by Amendment 17 in 2005, see above ); this could not be allowed because

697-517: The Supreme Court of Zimbabwe had delivered its judgment in the case, Campbell filed an application with the SADC Tribunal challenging the acquisition by the Zimbabwean government. Subsequently, 77 other persons joined as parties in the proceedings against the government of Zimbabwe. Mike Campbell, his wife Angela, and their son-in-law Ben Freeth were kidnapped, taken to an indoctrination camp and beaten by thugs on 29 June 2008. Campbell died on 6 April 2011; his family stated he died from complications of

738-413: The Tribunal had jurisdiction to hear the case; (2) whether the plaintiffs had been denied access to domestic courts in violation of the SADC Treaty; (3) whether the Zimbabwean government had discriminated against the plaintiffs on the basis of race, and (4) whether the plaintiffs were entitled to compensation. (1) The Tribunal held that it had jurisdiction to hear the case, because Amendment 17 had eliminated

779-431: The Tribunal held that the plaintiffs were entitled to compensation for the expropriation of their lands. 5 June 2009 After Campbell and another applicant, Richard Thomas Etheredge, filed a new application to declare the Government of Zimbabwe in contempt , the Tribunal held that the Government of Zimbabwe had failed to comply with the Tribunal's previous decision. The Tribunal stated that it would report its finding to

820-496: The Tribunal in 2012. 22°33′38″S 17°05′08″E  /  22.5606°S 17.08553°E  / -22.5606; 17.08553 Windhoek Railway Station Windhoek railway station ( German : Bahnhof Windhuk ) is a railway station serving the city of Windhoek , the capital of Namibia . It is an important station in the Namibian rail network , and it is run by TransNamib . The first railway line to reach Windhoek

861-427: The Tribunal's Protocol should be amended to provide that membership and rights of Member States may be suspended, with the Summit taking account of the possible consequences of suspension; the Tribunal should be able to order remedies (including fines) for non-compliance. Legal action against heads of State In April 2011 Mike Campbell, his company Mike Campbell (Pvt) Ltd, and another farmer, Luke Tembani, applied to

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902-514: The Tribunal's past or future judgments. Decision by the High Court not to register the SADC Tribunal's judgement in Zimbabwe Judge Patel of the High Court issued a decision on 26 January 2010 in which he held that the SADC Tribunal was properly constituted and had jurisdiction to hear Campbell's case, but its decision could not be registered for purposes of enforcement. Judge Patel's decision relied on two main reasons. First,

943-542: The Zimbabwean constitution amounted to de facto discrimination against her white citizens. Following this ruling, Zimbabwe departed the SADC Tribunal and challenged its legitimacy. The 2010 SADC summit then ordered a review of the "functions and [...] terms of reference of the SADC Tribunal", a step that a group of legal and human rights organizations described as "virtually suspending" this inter-regional court. The Tribunal at that time had only four of ten judges appointed and did not accept nor hear any cases. SADC disbanded

984-452: The case because the dispute concerned "human rights, democracy and the rule of law", which are binding principles for members of the SADC. 17 December 2007 The Tribunal granted an interim measure ordering the government of Zimbabwe to take no steps, directly or indirectly, to evict Campbell from the farm or interfere with his use of the land. 28 November 2008 The Tribunal's decision on this date addressed four main issues: (1) Whether

1025-800: The courts for an order against the 'Summit of the Heads of State or Government of SADC' and the presidents of 15 member countries, the Council of Ministers of SADC, and the Republic of Zimbabwe, demanding that the [SADC] Tribunal continues to function in all respects as established by Article 16 of the Treaty . Compensation battle in South Africa On 6 June 2011, the North Gauteng High Court in Pretoria , South Africa cleared

1066-503: The early 1970s Campbell, a South African Army captain, had been involved in the Rhodesian Bush War that pitted Rhodesia 's mostly white government—50 of the 66 parliamentary seats were reserved for whites—against black nationalist guerrillas. He moved to Mount Carmel farm in 1974. He added a neighbouring plot of land in 1980, following Zimbabwean independence. As well as farming, Campbell set up an extensive nature reserve on

1107-544: The exhibition is dedicated to Namibian Airways history and Namibian Maritime history. You can also see the crockery and cutlery used in the dining cars of South African Railways in Namibia along with telecommunication and electrical equipment. Across from the entrance stands the German locomotive Poor Ole Joe , one half of a South West African Zwillinge No 154A, the sole surviving specimen of this type of steam locomotive. It

1148-407: The former minister had been allocated the farm." After three more preliminary notices to take the farm were published in 2004, Campbell applied to the High Court for a protection order. Amendment 17 was added to Zimbabwe's constitution on 14 September 2005 to vest ownership of certain categories of land on the Zimbabwean government and to eliminate the courts' jurisdiction to hear any challenge to

1189-460: The foundation for a 22 m x 14 m gymnasium with high ceilings and a street-facing gable was laid. The Turnhalle building was inaugurated nine months later on 11 December 1909. The neo-classicist building of Wilhelmine architecture was regarded as "the most beautiful building in the northern part of town", and it was the first timber-girdered roof structure in the German colony. Soon the building grew too small for its purpose. A double-storey extension

1230-553: The land acquisitions. Campbell initiated proceedings in court on 15 May 2006, challenging the validity of Amendment 17. In December 2006 the Gazetted Land (Consequential Provisions) Act passed into law, requiring all farmers whose land was compulsorily acquired by the government and who were not in possession of an official offer letter, permit, or lease, to cease to occupy, hold, or use that land within 45 days and to vacate their homes within 90 days. On 11 October 2007, before

1271-476: The legislature has full power to change the Constitution. The Court also stated that an "application to a court of law to challenge a lawful acquisition would in effect be an abuse of the right to protection of law." The Tribunal was established by the SADC treaty. The SADC has been in existence since 1980, when it was formed as a loose alliance of nine majority-ruled States in Southern Africa known as

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1312-528: The legitimacy of the Tribunal Zimbabwe's Justice Minister Patrick Chinamasa wrote to the Tribunal to inform of Zimbabwe's withdrawal from the Tribunal in a letter written on 7 August 2009, arguing that it did not have jurisdiction over Zimbabwe because the Tribunal's Protocol has not yet been ratified by two-thirds of the total members of the SADC, as required by the organisation's treaty, and stated that Zimbabwe would no longer be bound by any of

1353-493: The plaintiffs' access to the domestic courts, and the plaintiffs were therefore entitled to seek remedy before the Tribunal. (2) The Tribunal found that the plaintiffs had been deprived of their right to a fair hearing before being deprived of their rights. (3) On the racial discrimination issue, the Tribunal held that the actions of the Zimbabwean government constituted indirect or "de facto" discrimination because implementation of Amendment 17 affected white farmers only. (4) Finally,

1394-493: The property, replete with giraffes, impala and other indigenous animals. He also created the Biri River Safari Lodge, which became a popular tourist attraction. Campbell purchased Mount Carmel from himself after independence. (The full title was vested in 1999, when the Zimbabwean government declared no interest in the land.) In July 2001, amid large-scale land invasions by "war veterans", Campbell received

1435-523: The same year. When in the 1970s the South African administration came under increasing pressure to grant independence to the people of South West Africa , it convened a conference tasked with the development of a constitution for a self-governed Namibia under South African control. This conference was named the Turnhalle Constitutional Conference after the venue where it was hosted between 1975 and 1977. Sponsored by

1476-549: The way for seized Zimbabwean government assets in Cape Town to be sold by auction to compensate three Zimbabwean farmers, including the late Mike Campbell. It is thought to be the first ruling in international legal history that a country's assets should be sold to provide compensation for human rights violations. The Zimbabwean government appealed the High Court's decision, but both the Supreme Court (in September 2012) and

1517-475: Was appended on the western side of the building during the years of 1912 and 1913. The date inscription above the main entrance refers to this extension. Architect Otto Busch designed both parts of the building. Master architect Wilhelm Sander 's proposal was ignored for the extension. The Turnhalle was used for school physical training and gymnastic competitions, as well as for recreational sports. During World War I it accommodated South African troops. After

1558-404: Was constructed by South African Railways in 1929 to match the existing style of the building. The station also houses the small Trans-Namib Railroad Museum which outlines Namibian transport history, particularly that of the railway. Opened on July 1, 1993, the exhibition consists of a wide range of railway equipment, maps and related items which date back to German colonial times. Another part of

1599-498: Was done by the police to enforce the orders. No mention of the Tribunal's decision was made at the SADC's summit in early September 2009. Threats, intimidation and fires After February 2009, Campbell and Freeth's families received threats from invaders. Campbell and his wife were eventually forced from their home and Mount Carmel was invaded. Ben Freeth's and Mike Campbell's homesteads were destroyed in fires on 30 August 2009 and 2 September 2009, respectively. Zimbabwe denies

1640-546: Was originally shipped to Swakopmund in 1899 and reassembled for the run to Windhoek Windhoek is connected to a number of towns in the north of Namibia via the railway junction in Kranzberg , which lies on the Windhoek-Swakopmund-Walvis Bay route. Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe Mike Campbell (Pvt) Ltd et al. v. Republic of Zimbabwe is a case decided by

1681-430: Was the one from Swakopmund , built between 1897-1902 during Imperial Germany's colonial rule of German South West Africa . In 1914 this line was extended to Walvis Bay. The southern line from Lüderitz (built 1906) was connected via Keetmanshoop to Windhoek in 1912. In 1930 the eastern line to Gobabis was built. The station was built in a Cape Dutch-style and is located on Bahnhof street. An additional northern wing

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