Does the disbandment of the Southern African Development Community1
Tribunal2
established
in terms of article 2 of The Protocol on Tribunal & Rules Thereof3
and its impending
resurrection, in arguably a largely diminished capacity, spell the end of any possibility of
developing a truly supranational organ capable of adjudicating on disputes between Member
States, as well as disputes between natural persons and Member States4
as was originally
envisaged in article 15?5
The basis of this research question stems from the disbandment of the Tribunal arguably as a
result of Zimbabwe‟s controversial land redistribution program, along with the recent
developments surrounding the Tribunal insofar as the redrafting of the Protocol (the New
Protocol) is concerned.
Prior to the disbandment of the Tribunal many scholars were of the view that the adoption of
human rights instruments, such as the Tribunal which could hold Member States accountable for
respecting human rights, was testament to a growing acceptance by African governments of
human rights principles.6
Furthermore, that these instruments could in themselves persuade
African Governments to uphold human rights principles.