The Centre for Human Rights is hosting a Roundtable where the restoration of the SADC Tribunal will be discussed.  This Roundtable is taking place on 28-29 August 2014 at the Faculty of Law, University of Pretoria.

At its most recent session, the SADC Summit adopted the new Protocol on the SADC Tribunal. The main difference between this Protocol and the previous version lies in article 33, which reads as follows: The Tribunal shall have jurisdiction on the interpretation of the SADC Treaty and Protocols relating to disputes between Member States.

The effect of article 33 is to eliminate a previously existing competence of individuals to approach the Tribunal.

 This Protocol is not yet in force (See articles 52 and 53):

  • Article 52: This Protocol shall be ratified by Member States who have signed the Protocol in accordance with their constitutional procedures.
  • Article 53: This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States.

This Round Table aims to consider the effect of this measure, in light of the experience of the Courts of Justice of the Economic Community of West African States (ECOWAS) and the East African Community (EAC) and ponders possibilities to open debate and ultimately undo this retrogressive step.

pdfDownload the programme

pdfDownload the background paper

pdfDownload the Protocol on the Tribunal in the Southern African Development Community



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