01/09 Tanzania v. Cimexpan & 2 Others In the Southern African Development Community (SADC) Tribunal Windhoek, Namibia In the Matter Between The United Republic of Tanzania - Applicant And Cimexpan (Mauritius) LTD - 1st Respondent Cimexpan (Zanzibar) LTD - 2nd Respondent Ajaye Jogoo - 3rd Respondent Coram: H.E. Justice A. G. Pillay - President H.E. Justice I. J. Mtambo, SC - Member H.E. Justice Dr. L. A. Mondlane - Member H.E. Dr. R. Kambovo - Member H.E. Dr. O. B. Tshosa - Member M. Kamba - Applicant's Agent A. Jogoo - Respondents' Agent Hon. Justice M.C.C. Mkandawire - Registrar D. Shivangulula - Court Clerk Ruling Delivered by H. E. Justice Luis A. Mondlane The present application (preliminary objection) is brought by the Respondent in the main case, the United Republic of Tanzania, hereinafter referred to as the Applicant against the Applicants, Cimexpan (Mauritius) LTD, Cimexpan (Zanzibar) LTD and Ajaye Jogoo, from now on referred to as the Respondents. The application is brought under Rules 33 and 67 of the Rules of Procedure of the Southern African Development Community (SADC) Tribunal (the Rules). According to Rule 33, an application shall state, inter alia particulars of the Applicant, the nature of the claim, together with a succinct statement of facts and the relief or order sought by the Applicant. It is essential to the matter at hand to refer to Rule 67 (1) which stipulates as follows: "1. A party to the proceedings may apply to the Tribunal on a preliminary objection or preliminary plea not going to the substance of the case (...)". It is clear from the abovementioned provision that once a preliminary objection is raised, the substance of the case may only be considered after the Tribunal has examined the application pertaining to the preliminary objection. We now refer to the relief sought before the Tribunal in the main action by the Respondents. The Respondents instituted proceedings against the Applicant in order to have the deportation order made against the third Respondent rescinded. As a result of a memorandum of understanding which the Government of Mauritius had entered into with the Government of Zanzibar, the third Respondent who is the Director of Cimexpan (Mauritius) LTD (the 1

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