SADC lawyers vow not to support changes to regional court
By Alex Bell
28 August 2012
Lawyers in the Southern African Development Community (SADC) have stated
that they will not support the regional human rights court, if proposed
changes that limit its mandate are made.
The Tribunal remains suspended, almost two years after SADC leaders resolved
to review its role and functions, in a move slammed as a serious blow to the
rule of law and respect for human rights in Southern Africa.
The decision followed the Zimbabwe government’s refusal to honour the
Tribunal’s orders, because of the 2008 ruling that the land grab campaign
was unlawful. But instead of taking the ZANU PF administration to task for
its contempt of court, SADC leaders chose to suspend the Tribunal for a
review.
An independent review last year, agreed to by SADC, said that the Tribunal
did have jurisdiction within the region and that its rulings were binding.
But SADC leaders dismissed this review and upheld the court’s suspension.
Regional justice ministers have now proposed several changes to the court’s
core functions, including a limited human rights mandate, before it is
allowed to resume sitting. It is now feared these changes will be adopted
after SADC leaders at a recent summit in Mozambique resolved to change the
protocol that dictates the Tribunal’s role in the region.
The SADC Lawyers Association has slammed this move, and said it will not
support the court if it is hobbled in such a way. The Association took this
decision at its just ended Annual General Meeting, where the outgoing
President, Thoba Poyo-Dlwati, warned that human rights and the rule of law
are under threat in the region.
Poyo-Dlwati told SW Radio Africa on Tuesday that “the proposed changes will
simply weaken the Tribunal and make it nothing more than a building and a
name.”
“This will have a very negative effect on SADC citizens because they will
have no legal recourse outside of their countries if the judicial systems in
their countries fail them,” Poyo-Dlwati said.
She added: “We have stated very clearly that we would not want to be
associated with a court that does not honour the human rights of its
citizens.”
Poyo-Dlwati also said that the blame for the Tribunal’s suspension cannot be
put only on Zimbabwe, because it was a decision made by all leaders in SADC.
“I would blame it on our leaders who appear to be afraid of what would
happen if the court was allowed to function in its full mandate. They appear
afraid that what happened to Zimbabwe in the court could also happen to
them,” Poyo-Dlwati said.
You can read the full communiqué from the SADC Lawyers Association here:
http://www.osisa.org/sites/default/files/communique_of_the_2012_sadc_lawyers_agm_and_conference.pdf