An independent review of the SADC Tribunal over the past six months has found that SADC law should be supreme over domestic laws, and all decisions made by the court should be binding and enforceable within all member states.
The review was conducted by WTI Advisors Ltd, Geneva, an affiliate of the World Trade Institute.
Key findings
• The SADC Tribunal has the legal authority to deal with individual human rights petitions.
• SADC Community law should be supreme to domestic laws and constitutions.
• Decisions of the SADC Tribunal should be binding and enforceable within the territories of all SADC member states.
• The SADC Tribunal was legally established in terms of the SADC Tribunal Protocol.
• The SADC states waived the requirement to ratify the SADC Tribunal Protocol which became a part of the SADC Treaty by agreement and is binding on all SADC member states.
• Zimbabwe may not turn around to say the Tribunal was not legally constituted when they participated in all the proceedings of the SADC Tribunal and nominated a judge for appointment.
• A member State may not rely on its national laws (including norms of constitutional status) as a defense against a violation of an international obligation.
Reference: The Zimbabwean – 13 April 2011
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