(c)
Where there are more than two disputing State Parties, the State
Party complained against shall select one panellist who is not a
citizen of such State Party. The complaining State Parties shall
jointly select one panellist who is not a citizen of such State
Parties. This shall take place within 10 days of the selection of
the chair.
3.
When a State Party or Parties, in the selection of panellists pursuant to
paragraph 2 fails to agree on the chair of the panel or to select a
panellist in the prescribed time, the Registrar of the Tribunal shall refer
the matter to the Executive Secretary of SADC. Such chair or panellist
shall be selected by lot by the Executive Secretary of SADC from a list
of panellists nominated in the roster referred to in Article 7 who are not
citizens of the disputing State Parties. The Executive Secretary shall
select the chair or panellist, as the case may be, within 5 days after the
expiry of the prescribed time referred to in paragraph 2.
4.
When a disputing State Party is of the opinion that a panellist does not
comply with the requirements set out in Article 8, the disputing State
Parties shall consult and, if they agree, the panellist shall be removed
and another panellist shall be selected in accordance with this Article.
5.
Panellists shall, as far as possible, be selected from the roster
contemplated in Article 7.
ARTICLE 10
Terms of Reference of the Panel
Unless the disputing State Parties otherwise agree within 20 days from the
date of establishment of the panel, the terms of reference for the panel shall
be:
(a)
To examine, in the light of the relevant provisions of this Protocol, the
matter referred to the Registrar of the Tribunal and to make findings,
determinations and recommendations.
(b)
To determine whether the matter under dispute has nullified or impaired
benefits of the disputing State Parties according to the provisions of this
Protocol.
(c)
To make findings as and when appropriate on the· degree of adverse
effects on any State Party of any measure found not to conform to the
provisions of this Protocol or to have caused nullification or impairment of
the complaining State Party.
(d)
To recommend that the State Party complained against brings a measure
into conformity with this Protocol where such a measure is found to be
inconsistent with this Protocol.
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