Sema Fonkem 15/05/2024

The Southern African Development Community (SADC) Tribunal which was terminated in 2012 due to internal conflicts caused by Zimbabwe’s refusal to adhere to a ruling on land reform may soon be resurrected.

The SADC Tribunal established in 1992 was a regional court that aimed at adjudicating disputes amongst SADC member states (Angola, Botswana, the Democratic Republic of Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Eswatini (formerly Swaziland), Tanzania, Zambia, and Zimbabwe). The Tribunal was housed in the Turnhalle building in Windhoek, capital city of Namibia. In 2010, the tribunal was suspended after Zimbabwe under the leadership of Robert Mugabe denied to comply with a ruling that repossession of land from white farmers was illegal. With no resolution, the tribunal was finally disbanded in 2012.

Although the tribunal’s previous jurisdiction did not include matters between individuals and corporate organisations, reinstating this tribunal will go a long way in assisting citizens from regional states to hold their governments accountable and restore the rights of citizens where democracy is repugnant. An international or regional court should not only focus on governments but also on matters of high magnitude concerning citizens of those nations versus their leadership, companies and matters of crimes against humanity that can not be resolved nationally.

While addressing Parliament’s committee of international relations on Wednesday, 14th of May 2025, Lwazi Somya, senior researcher at the Southern African Liaison Office (SALO), a Non-profit organisation responsible for advancing regional peace and democracy made a strong appeal for the resuscitation of the tribunal without a limitation to only inter-state disputes. Somya also believes that this will be a great start for Parliament to assist the African Union’s Agenda 2063 to repriotise strategies needed for Africa to become politically and economically independent by 2063.

The tribunal will also lift weight off South Africa’s shoulders as the most powerful nation in SADC region that has to constantly deal with issues between SADC member states, itself and other states in its own courts. More religious, immigration, political and trade conflicts can be easily resolved if the member states are under one roof and one international law in an isolated court.

The Parliament of South Africa has noted that the call to revive the SADC Tribunal is worth considering and it may pressure South Africa’s presidency under Cyril Ramaphosa to do the needful in due time.