ulterior motives, stating that instead of giving effect to the decision of the Tribunal against Zimbabwe as a Member State of SADC, the SADC Summit gave effect to the wishes of Zimbabwe to be absolved from its responsibilities as declared by the Tribunal, by suspending the latter; an act which allegedly does not provide any remedy for the human rights violations which the Tribunal has pronounced upon. 9. The Complainant also submits that the suspension of the Tribunal violates the African Charter and the SADC Treaty and Protocol, and that the decision to suspend the Tribunal, is irrational, arbitrary, and motivated by extraneous considerations, and otherwise unlawful. 10. The Complainant submits that the Victims in this Communication are seeking remedy from the African Commission on Human and Peoples' Rights (the Commission) because since the Tribunal has been suspended, the decision of the Tribunal in their favour has not been complied with. In this regard, they and their families continue to suffer. 11. The Complainant claims that the decisions and actions of the SADC Summit, and thereby each Member State of SADC, that is, the Respondent States, in assenting thereto, as well as the consequential failures to ensure that the Tribunal continues to function, constitute a violation of the rights of the Victims under the African Charter, as well as the provisions of the SADC Treaty Articles 4 and 6 and SADC Protocol. Articles alleged to have been violated 12. The Complainant alleges violations of Articles 7 and 26 of the African Charter. Prayers 13. In his original Complaint, the Complainant prayed that: 1. the Commission should refer the Communication to the African Court on Human and Peoples' Rights (the Court): 2. for declarations that: 1. the decisions taken by the SADC Summit (that is, comprising the Respondent States as decision-makers) to suspend the functions of the Tribunal, infringe the African Charter, the SADC Treaty and principles of international law binding on the Respondent States; 2. the Respondent States should lift, with immediate effect, the purported suspension of the Tribunal's functions, and do all such things necessary in order to support and facilitate the Tribunal and its functions, including: 1. re-appointing the members of the Tribunal whose terms of office were allowed to expire pursuant to the decision to suspend the Tribunal; 2. providing the necessary funding for the Tribunal's continued operations; 3. refraining from taking any measures likely to jeopardise the functioning of the Tribunal; and; 4. abstaining from any measures likely to detract from the independence, impartiality, effectiveness, accessibility and status of the Tribunal. 3. the Respondent States should give effect to the rulings by the Tribunal, including the orders referred to the SADC Summit by the Tribunal, and implement the recommendations made in the Final Report by the Experts on the review of the Role, Responsibilities and Terms of Reference of the SADC Tribunal, dated 6 March 2011. [/list] Procedure 14. The Complaint dated 27 July 2011, was received at the Secretariat on 28 December, 2011 and processed for seizure consideration. During its 11th Extra-Ordinary Session held in Banjul, the Gambia, from 21 February 2012 to 01 March 2012, the Commission was seized of the Communication and decided not to refer the Communication to the Court because it does not meet the requirements for referral as provided for the Commission's Rules of Procedure. 2