Friday, October 08, 2010
Posted: Friday, October 8, 2010 5:52 am
THE Southern African Development Community (Sadc) regional grouping has commissioned a study to review the role, responsibilities and terms of reference of the contentious Tribunal, whose functions were suspended by regional Heads of State and Government at their August summit in Namibia.
The bloc is looking for a consultant to carry out the review. In a statement yesterday, Justice and Legal Affairs Minister Patrick Chinamasa said the consultant would make recommendations to Sadc Ministers of Justice and Attorneys-General who are leading the review of the Tribunal’s operations.
"The successful consultant will be expected to undertake a comprehensive study and prepare an analytical report to review the operations of the Sadc Tribunal, its role and responsibilities and its terms of reference and make recommendations thereon to the Sadc Ministers of Justice or Attorneys- General," he said.
The study — which should be completed by mid-February 2011 — will cover jurisdiction with regards to issues and persons. It will also cover the interface between community law and national laws.
This comes after Zimbabwe successfully pointed out that the Tribunal was passing judgments that undermined individual members’ constitutions; and were outside its mandate.
Zimbabwe also highlighted that the Tribunal was not legally constituted because the prerequisite two-thirds Sadc membership had not ratified its founding protocol.
The consultant will study the lack of clarity on some provisions of the Sadc Treaty and the Protocol on the Tribunal.
Sadc leaders suspended the Tribunal in August following queries on its legitimacy and mandate.
White ex-farmers had tried to use the Tribunal to reverse Zimbabwe’s revolutionary land reforms.