Neutering the SADC Tribunal by blocking individuals access

SADC House in Gaborone, Botswana
SADC House in Gaborone, Botswana

On 18 August 2012, at their Summit in Maputo, Mozambique, SADC leaders took a decision to continue with the suspension of the SADC Tribunal while simultaneously re-negotiating a new Protocol on the SADC Tribunal. Crucially for this article, the Summit also took a decision to limit the jurisdiction of the SADC Tribunal to the determination of inter-state disputes and the interpretation of the SADC Treaty and its protocols and divested it of the jurisdiction to entertain claims lodged by private persons.

This decision effectively means that the Tribunal will no longer enjoy the power to entertain human rights claims since they are invariably brought to court by natural persons. There are arguements  that the Summit's decision to close the SADC Tribunal to individuals is arbitrary, politically motivated and will undermine the regional human rights protection system and consequently undermine SADC's ultimate objectives, namely regional integration and economic growth.

Compared to all regions of the continent, on average, members of the Southern African Development Community (SADC) are performing relatively well in governance. The 2012 Ibrahim Index of African Governance (IIAG) confirms this fact. In terms of that index, out of 52 African countries, eight of the 15 members of the SADC bloc are within the first 10 performers in governance on the continent. These are Mauritius, occupying the first spot, followed by Cape Verde in second, then Botswana in the third spot, Seychelles in the fourth spot, South Africa in the fifth, Namibia in the sixth, then Lesotho and Tanzania in the ninth and tenth positions respectively. The worst performers in Southern Africa, per this index, are Madagascar, Angola, Democratic Republic of Congo and Zimbabwe ranked at positions 35th, 40th, 41st and 47th respectively. SADC has demonstrated continued commitment towards democratisation and peace building in the region by issuing a communiqué  on 18 August 2012 informing Rwanda in no uncertain terms to "cease immediately its interference that constitutes a threat to peace and stability, not only of the Democratic Republic of Congo, but also of the SADC region".

Editor's Comment
Women unite for progress

It underscores the indispensable role women play in our society, particularly in building strong households and nurturing families. The recognition of women as the bedrock of our communities is not just a sentiment; it's a call to action for all women to stand together and support each other in their endeavours.The society's aim to instil essential principles and knowledge for national development is crucial. By providing a platform for...

Have a Story? Send Us a tip
arrow up