AGREEMENT AMENDING ANNEX 1 (CO-OPERATION ON INVESTMENT) OF THE PROTOCOL ON FINANCE AND INVESTMENT We the Heads of State or Government of: The Republic of Angola The Republic of Botswana The Democratic Republic of Congo The Kingdom of Lesotho The Republic of Madagascar The Republic of Malawi The Republic of Mauritius The Republic of Mozambique The Republic of Namibia The Republic of Seychelles The Republic of South Africa The Kingdom of Swaziland The United Republic of Tanzania The Republic of Zambia The Republic of Zimbabwe PREAMBLE AWARE that the Protocol on Finance and Investment came into force on 16 April 2010; NOTING .that . as currently drafted, some provisions of Annex 1 (Cooperation on Investment) to the Protocol on Finance and Investment may have unintended consequences for SAoc· Member States; FURTHER NOTING that some other provisions of the same Annex also fail to adequately balance · investor protection and development policy space for host States; RECOGNIZING that there is need to amend Annex 1 (Cooperation on Investment) to the Protocol on Finance and Investment with a view to address its shortcomings; HEREBY AGREE as follows: 1