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right to participation of the people which is guaranteed under Article 13 of the
African Charter although it did not refer to the latter.
The protocol that would trigger the human rights jurisdiction of the EACJ
was drafted in 2007 by the EAC Secretariat.62 However, it has not come into
force yet. Recent developments in the region show that pressure was exerted on
the EAC to expand the jurisdiction of the EACJ to cover human rights cases.63
1.3. The SADC Tribunal
The Southern Africa Development Co-ordination Conference, a loose association
of states, was created in 1980 in Lusaka, Zambia.64 The Conference was
transformed into the Southern African Development Community (SADC) in
1992 in Windhoek, Namibia.65 The state parties to the Treaty establishing
SADC were aware of the need to observe human rights to involve their people
in regional integration.66 The Treaty requires SADC and its Member States to
act in accordance with ‘human rights, democracy and the rule of law.’67 It
establishes the SADC Tribunal along with seven other institutions.68
The SADC Tribunal is vested with the judicial power of the Community.69 It
was established to interpret the provisions of the SADC Treaty and its
subsidiary instruments,’70 with both contentious and advisory jurisdiction.71 The
SADC Treaty and the Protocol on Tribunal and the Rules of Procedure thereof
62Solomon T Ebobrah (2010), ‘Human rights developments in African sub-regional
economic communities during 2009’ African Human Rights Law Journal , Vol. 10,
p. 240.
63Ibid.
64
Munetsi Madakufamba (2007), ‘SADC in the twenty-first century’, Open Space: a
digest of Open Society Initiative for Southern Africa vol. 2 p. 90. See also Viljoen,
supra note 1, p. 492.
65Mbugua Mureithi ‘The Impact of regional courts in Africa in fostering regional
integration and the development of international human rights jurisprudence’ in
George Mukundi Wachira (ed.) (2007), Judiciary Watch Report: Regional and Sub
regional Platforms for Vindicating Human Rights in Africa (Nirobi: Kenyan Section
of International Commission of Jurists), p. 84; Madakufamba, supra note 64, p. 91.
66SADC Treaty , preamble.
67
SADC Treaty, Art 4 (c).
68
SADC Treaty, Art 9 (1).
69
SADC Treaty, Art 9.
70
SADC Treaty, Art 16(1); Art 14, Protocol on Tribunal and the Rules of Procedure
thereof.
71 SADC Treaty, Art 16(1) & (4).