Sub-regional Courts & Mechanisms
The SADC Tribunal, established through a Protocol adopted on 7 August 2000, was created to consider disputes between states and SADC, individuals, organisations or institutions and SADC, and staff of the SADC Secretariat and the Community.
The Council of Ministers determines the budget of the Tribunal.
The Court can hear matters arising from the SADC Treaty, the Protocol establishing the Tribunal, all Protocols that form part of the Treaty and instruments adopted by the Summit, the Council and any institution and organ of the Community. It can also give advisory opinions upon the request of the SADC Heads of State and Government and the Council of Ministers. Complainants can file cases in the working languages of the SADC – English, French and Portuguese.
Parties taking cases to the Tribunal must exhaust local remedies first or must show that local remedies are not available.
Decisions of the Tribunal are final and binding.
The Court has ten members, of whom five are “regular” members who will sit on the Tribunal in most cases. Should one of them be unavailable, the president of the Court may invite a member from the pool of members to serve on the Tribunal. The judges serve a five-year term, which is renewable.
SADC Tribunal Seat: Windhoek, Namibia.
States Subject to SADC Tribunal Jurisdiction: Angola, Botswana, DRC, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia, Zimbabwe.