SECTION B —~ JUDGES OF THE TRIBUNAL
ARTICLE 3
COMPOSITION
. The Tribunal shall consist of not less than ten (10) Judges, appointed in terms
of Article 4 of this Protocol from nationals of Member States who possess the
qualifications required for appointment to the highest judicial offices in their
respective Member States or who
expertise in international law.
are jurists of recognised
competence
. The Council shall designate five (5) of the Judges as regular
shall sit regularly on the Tribunal. The additional five (65)
constitute a pool from which the President may invite a Judge
Tribunal whenever a regular Judge is temporarily absent or
unable to carry out his or her functions.
or
Judges who
Judges shall
to sit on the
is otherwise
. The Tribunal shall be constituted by three (3) Judges; provided that the
Tribunal may decide to constitute a full bench composed of five (5) Judges.
. The President shall be responsible for selecting the Judges who shall
constitute the Tribunal for the purpose of hearing any case brought before it.
. On a proposal
Judges.
from the Tribunal,
. No two or more Judges
State.
the Council
may
increase
the number
of
may, at any time, be nationals of the same Member
ARTICLE 4
SELECTION AND APPOINTMENT OF JUDGES
. Each
Member
State may
nominate,
as candidates,
not more than two of its
. When
nominating and appointing Judges, due consideration shall be given to
nationals having the qualifications prescribed in Article 3 (1) of this Protocol.
fair gender
representation
Member State legal systems.
and
fair representation
of the
different
SADC
. The Judges shall be selected by the Council from the list of candidates so
nominated by Member 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.