The Admissibility of Subregional Courts’ Decisions before the African Commission. ..
253
On 17 August 2012, the SADC Summit disbanded the Tribunal and directed
SADC Ministers of Justice and Attorneys-Generals to negotiate a new protocol
in order to reconstitute the Tribunal with a fresh mandate.84 The mandate of a
new tribunal will be ‘confined to interpretation of the SADC Treaty and
Protocols relating to disputes between Member States.85
Civil society organisations are campaigning against the decision of the
SADC Summit that disbanded the Tribunal. Part of their campaigning activities
includes resorting to continental human rights bodies: the African Commission
and the African Court. The African Commission has accepted the admissibility
of a communication about the decision of the SADC leaders to suspend the
Tribunal.86 The communication has been submitted on behalf of Zimbabwean
farmers, and all 15 SADC leaders have been cited as respondents.87 Pan African
Lawyers Union and Southern Africa Litigation Centre have requested advisory
opinion from the African Court on the legality of suspending the SADC
Tribunal.88
2. Admissibility of Pending or Decided Cases in General
Some international human rights bodies do not admit cases that are pending
before other international judicial or quasi-judicial organs. international human
rights instruments treat such cases as simultaneously duplicating procedures
(pendente lite). Other human rights bodies do not admit cases that have already
been decided or settled, and there are bodies that do not admit both pending and
decided cases.
The first category of international human rights bodies prohibits only
simultaneously duplicating procedures. They may admit cases or communications
that have already been decided under another procedure of international
investigation or settlement. An example of this type of human rights body is the
<http://www.osisa.org/sites/default/files/article/files/Speech%20by%20former%20Pr
esident%20of%20SADC%20Tribunal.pdf> (accessed on 6 February 2013).
84 Zvamaida Murwira ‘Southern Africa: Regional Leaders Permanently Disband SADC
Tribunal’ 21 August 2012 All Africa, <available at
<http://allafrica.com/stories/201208210893 .html>.
85 ‘Southern African Development Community: SADC Tribunal’, available at
<http://www.sadc.int/about-sadc/sadc-institutions/tribun/>
86 Richard Lee ‘African Commission to hear SADC Tribunal case’ 22 November 2012,
available at <http://www.osisa.org/law/regional/african-commission-hear-sadctribunal-case>
87 Ibid.
88 Richard Lee ‘African Court asked to rule on SADC Tribunal’ 22 November 2012,
available at <http://www.osisa.org/law/regional/african-court-asked-rule-sadctribunal>.