® SOUTHERN AFRICAN DEVELOPMENT COMIIUNITY 2. Due consideration shall be given to fair gender representation in the nomination and appointment process. 3. The Members shall be selected by the Council from the list of candidates so nominated by States. Nominations for the first appointment shall be called within three (3) months, and the selection shall be held within six (6) months, of the date of entry into force of this Protocol. 4. The Members shall be appointed by the Summit upon recommendation of the Council. 5. Where a Member is appointed to replace a Member whose terms of office has not expired, the Member so appointed shall serve for the remainder of his or her predecessor's term. 6. Any appointment to fill a vacancy referred to in paragraph 5 shall be conducted within three (3) months of the vacancy occurring. The procedure referred to in the preceding paragraphs shall apply mutatis mutandis. ARTICLE 5 SOLEMN DECLARATION Every Member shall, before taking up his or her duties, make a solemn declaration in open session that he or she will carry out his or her duties independently, impartially and conscientiously. ARTICLE 6 TENURE OF OFFICE OF MEMBERS 1. The Members shall be appointed for a term of five (5) years and may only be reappointed for a further term of five (5) years. However, of the Members initially appointed, the terms of two (2) of the regular and two (2) of the additional Members shall expire at the end of three (3) years. The Members whose term is to expire at the end of three (3) years shall be chosen by a lot to be drawn by the Executive Secretary immediately after the first appointment. 2. Subject to paragraph 3 of this Article, the Tribunal shall sit when required to consider a case submitted to it. The Members shall, therefore, not be appointed on a full-time basis. 3. On the recommendation of the President, the Council may at any time decide that the workload of the Tribunal requires that the Members should serve on a full-time basis. In that event: (a) existing Members who elect to serve on a full-time basis shall not hold any other office or employment; and (b) the Members subsequently appointed shall not hold any other office or employment. -3- Protocol on Tribunal