A legal opinion by SALC and its partners found that SADC leaders acted unlawfully by effectively suspending the Tribunal – by making sure that it is not properly constituted and so cannot operate. SADC laws require that the Tribunal be comprised of no fewer than ten judges but the leaders have violated these laws – by failing to renew the terms of those judges eligible for reappointment or to appoint new judges to fill any vacancies –  so that the Tribunal no longer has enough judges to hear new cases. The decision therefore renders the Tribunal inaccessible violating, contrary to international law, the right to an effective legal remedy and access to justice. Furthermore the decision tampers with the structures designed to ensure the Tribunal’s independence. 

The result is that SADC leaders have acted beyond their constitutionally given powers and given the serious implications of the decision they have not only offended SADC law but have ignored accepted principles of international law.   

The concerned NGOs have called on SADC to remedy the illegality of its decision by:  

• Calling for an immediate extraordinary Summit to review and remedy the decision;  
• Renewing the terms of those Tribunal judges eligible for reappointment or appointing sufficient new judges to ensure the proper functioning of the Tribunal;   
• Respecting – in accordance with international law – the independence of the judiciary by upholding the right of Tribunal members to security of tenure and independence; and,   
• Ensuring SADC citizens have access to justice and an effective remedy at a regional level. 

Download the legal opinion here.

Read Closed for Business, a commentary on the decision to review the SADC Tribunal by clicking below.

Print Closed for Business - The Suspension of the SADC Tribunal.pdf