• Decisions since 2007

SADC Tribunal

In March 2003, at its meeting in , the SADC Council of Ministers approved the operationalisation of the SADC Tribunal in light of the provisions of Article 4 of the Protocol on Tribunal and Rules of Procedure Thereof.

Article 14: Basis of Jurisdiction

Pursuant to Article 14 of the Protocol on Tribunal, the Tribunal shall have jurisdiction over all disputes and all applications referred to it in accordance with the Treaty of SADC and the Protocol which relate to: a)      the interpretation and application of the Treaty; b)      the interpretation , application or validity of the Protocols, all subsidiary instruments adopted within the  framework of the Community, and acts of the institutions of the Community; c)      all matters specifically provided for in any other agreements that Member States may conclude among themselves or within the community and which confer jurisdiction on the Tribunal.

Article 15: Scope of Jurisdiction

1. The Tribunal shall have jurisdiction over disputes between States, and between natural or legal persons and States.
2. No natural or legal person shall bring an action against a State unless he or she has exhausted all available remedies or is unable to proceed under the domestic jurisdiction.
3. Where a dispute is referred to the Tribunal by any party the consent of other parties to the dispute shall not be required.

Article 16: Preliminary Rulings

1. Subject to the provisions of paragraph 2 of this Article, the Tribunal shall have jurisdiction to give preliminary rulings in proceedings of any kind and between any parties before the courts or tribunals of States.
2. The Tribunal shall not have original jurisdiction but may rule on a question of interpretation, application or validity of the provisions in issue if the question is referred to it by a court or tribunal of a State for a preliminary ruling in accordance with this Protocol.

Article 17: Disputes between States and Community

Subject to the provisions of Article 14 of this Protocol, the Tribunal shall have exclusive jurisdiction over all disputes between the States and the Community. Such disputes may be referred to the Tribunal either by the State concerned or by the competent institution or organ of the Community.

Article 18: Disputes between Natural or Legal Persons and Community

Subject to the provisions of Article 14 of this Protocol the Tribunal shall have exclusive jurisdiction over all disputes between natural or legal persons and the Community. Such disputes may be referred to the Tribunal either by the natural or legal person concerned or by the competent institution or organ of the Community.

Article 19: Disputes between Community and Staff

Subject to the provisions of Article 14 of this Protocol the Tribunal shall have exclusive jurisdiction over all disputes between the Community and its staff relating to their conditions of employment.

Article 20: Advisory

The Tribunal shall have jurisdiction to give advisory opinions, which may be requested by the Summit or by the Council in terms of paragraph 4 of Article 16 of the Treaty.

Article 21: Applicable Law

The Tribunal shall:
(a) apply the Treaty, this Protocol and other Protocols that from part of the Treaty, all subsidiary instruments adopted by the Summit, by the Council or by any other institution or organ of the Community pursuant to the Treaty or Protocols; and
(b) develop its own Community jurisprudence having regard to applicable treaties, general principles and rules of public international law and any rules and principles of the law of States.