(c) Where there are more than two disputing State Parties, the State Party complained against shall select one panellist who is not a citizen of such State Party. The complaining State Parties shall jointly select one panellist who is not a citizen of such State Parties. This shall take place within 10 days of the selection of the chair. 3. When a State Party or Parties, in the selection of panellists pursuant to paragraph 2 fails to agree on the chair of the panel or to select a panellist in the prescribed time, the Registrar of the Tribunal shall refer the matter to the Executive Secretary of SADC. Such chair or panellist shall be selected by lot by the Executive Secretary of SADC from a list of panellists nominated in the roster referred to in Article 7 who are not citizens of the disputing State Parties. The Executive Secretary shall select the chair or panellist, as the case may be, within 5 days after the expiry of the prescribed time referred to in paragraph 2. 4. When a disputing State Party is of the opinion that a panellist does not comply with the requirements set out in Article 8, the disputing State Parties shall consult and, if they agree, the panellist shall be removed and another panellist shall be selected in accordance with this Article. 5. Panellists shall, as far as possible, be selected from the roster contemplated in Article 7. ARTICLE 10 Terms of Reference of the Panel Unless the disputing State Parties otherwise agree within 20 days from the date of establishment of the panel, the terms of reference for the panel shall be: (a) To examine, in the light of the relevant provisions of this Protocol, the matter referred to the Registrar of the Tribunal and to make findings, determinations and recommendations. (b) To determine whether the matter under dispute has nullified or impaired benefits of the disputing State Parties according to the provisions of this Protocol. (c) To make findings as and when appropriate on the· degree of adverse effects on any State Party of any measure found not to conform to the provisions of this Protocol or to have caused nullification or impairment of the complaining State Party. (d) To recommend that the State Party complained against brings a measure into conformity with this Protocol where such a measure is found to be inconsistent with this Protocol. 26

Select target paragraph3