Note By Veritas

Article 38 states that this Protocol shall enter into force thirty (30) days after deposit, in terms of Article 43 of the Treaty, of instruments of ratification by two-thirds of the States.

PREAMBLE

WE, the Heads of State or Government of:

The Republic of Angola
The Republic of Botswana
The Democratic Republic of Congo
The Kingdom of Lesotho
The Republic of Malawi
The Republic of Mauritius
The Republic of Mozambique
The Republic of Namibia
The Republic of Seychelles
The Republic of South Africa
The Kingdom of Swaziland
The United Republic of Tanzania
The Republic of Zambia
The Republic of Zimbabwe

DESIRING to conclude the Protocol on the Tribunal established by Article 9 as read with Article 16 of the Treaty,

HEREBY AGREE as follows:

PART I
Preliminary

ARTICLE 1
DEFINITIONS

1. In this Protocol terms and expressions defined in Article 1 of the SADC Treaty shall bear the same meaning unless the context otherwise requires.

2. In this Protocol, unless the context otherwise requires;

"Committee of Ministers" means the Committee of Ministers of Justice/Attorneys-General referred to in the Legal Sector Protocol;

"Member" means a Member of the Tribunal appointed in terms of Article 4 of this Protocol;

"President" means President of the Tribunal elected in terms of paragraph 1 of Article 7 of this Protocol;

"Rules" means the Rules of Procedures referred to in Article 23 of this Protocol; and

"State" means a Member State of the Community

PART II
Organisation

ARTICLE 2
CONSTITUTION OF THE TRIBUNAL

The Tribunal of the Community (hereinafter referred to as "the Tribunal"), is hereby constituted in terms of Article 16 of the Treaty and shall function in accordance with the provisions of the Treaty and this Protocol.

ARTICLE 3
CONSTITUTION AND COMPOSITION

1. The Tribunal shall consist of not less than ten (10) Members, appointed from nationals of States who possess the qualifications required for appointment to the highest judicial offices in their respective States or who are jurists of recognised competence.

2. The Council shall designate five (5) of the Members as regular Members who shall sit regularly on the Tribunal. The additional five (5) Members shall constitute a pool from which the President may invite a Member to sit on the Tribunal whenever a regular Member is temporarily absent or is otherwise unable to carry out his or her functions.

3. The Tribunal shall be constituted by three (3) Members; provided that the Tribunal may decide to constitute a full bench composed of five (5) Members.

4. The President shall be responsible for selecting the Members who shall constitute the Tribunal for the purpose of hearing any case brought before it.

5. On a proposal from the Tribunal, the Council may increase the number of Members.

6. No two or more members may, at any time, be nationals of the same State.