Acceso usuarios
G. J. Naldi, Konstantinos D. Magliveras
In 2010 the leaders of the Southern African Development Community (SADC) took the contentious decision to suspend its Tribunal, established in 2000, following an important judgment against Zimbabwe. In 2014 a new Protocol on the Tribunal was adopted. The 2014 Protocol is controversial for many reasons. It sets up what is effectively a new judicial organ, with a new membership and a strictly limited jurisdiction. Under the original Protocol the Tribunal’s jurisdiction included disputes between Member States and the SADC, and preliminary references, but crucially it also extended to disputes brought by natural or legal persons against Member States. This Tribunal thus interpreted its role as protecting the rights and interests of SADC citizens. Under the new 2014 Protocol its contentious jurisdiction is limited to inter-State disputes. Born under a shadow, the 2014 Protocol is held to be inadequate to meet the needs of a regional organization committed to economic development and integration, to democracy and to peace and security.
