® SOUTHERN AFRICAN DEVELOPMENT COMMUNITY "President" means President of the Tribunal elected in terms of paragraph 1 of Article 7 of this Protocol; "Rules" means the Rules of Procedures referred to in Article 23 ofthis Protocol; and "State" means a Member State of the Community PART II Organisation ARTICLE2 CONSTITUTION OF THE TRIBUNAL The Tribunal of the Community (hereinafter referred to as "the Tribunal"), is hereby constituted in terms of Article 16 of the Treaty and shall function in accordance with the provisions of the Treaty and this Protocol. ARTICLE3 CONSTITUTION AND COMPOSITION 1. The Tribunal shall consist of not less than ten (I 0) Members, appointed from nationals of States who possess the qualifications required for appointment to the highest judicial offices in their respective States or who are jurists of recognised competence. 2. The Council shall designate five (5) of the Members as regular Members who shall sit regularly on the Tribunal. The additional five (5) Members shall constitute a pool from which the President may invite a Member to sit on the Tribunal whenever a regular Member is temporarily absent or is otherwise unable to carry out his or her functions. 3. The Tribunal shall be constituted by three (3) Members; provided that the Tribunal may decide to constitute a full bench composed of five (5) Members. 4. The President shall be responsible for selecting the Members who shall constitute the Tribunal for the purpose of hearing any case brought before it. 5. On a proposal from the Tribunal, the Council may increase the number of Members. 6. No two or more members may, at any time, be nationals of the same State. ARTICLE4 NOMINATION, SELECTION AND APPOINTMENT OF MEMBERS 1. Each State may nominate one candidate having the qualifications prescribed in Article 3 ofthis Protocol. -2- Protocol on Tribunal