2.
A Party against whom a default decision has been made may apply to set
it aside in accordance with the Rules.
APPLICATION
ARTICLE 40
FOR REVIEW OF A DECISION
An application for review of a decision may be made to the Tribunal if it is based
upon the discovery of some fact which by its nature might have had a decisive
influence on the decision if it had been known to the Tribunal at the time the
decision was given, but which fact at the time was unknown to both the Tribunal!
and the party making the application; provided always that such ignorance was
not due to negligence.
ARTICLE 41
INTERIM MEASURES
The Tribunal may, on good cause, order the suspension of an act challenged
before the Tribunal and may take such interim measures as may be necessary.
ARTICLE 42
APPLICATION FOR INTERVENTION
A Member State may, with leave of the Tribunal, intervene in a dispute before the
Tribunal.
ARTICLE 43
CONSOLIDATION
The Tribunal may order the consolidation of proceedings involving substantially
the same dispute and the same Member States.
ARTICLE 44
ENFORCEMENT AND EXECUTION
41. Member States and institutions of SADC shall take forthwith all measures
necessary to ensure execution of decisions of the Tribunal.
2.
A decision of the Tribunal shall be binding upon the parties to the dispute in
respect of that particular case and must be complied with.
3. Any failure by a Member State to comply with a decision of the Tribunal may
be referred to the Tribunal by any Member State affected by the decision.
4.
lf the Tribunal establishes the existence of such failure, it shall report its
findings to the Summit for the latter to take appropriate action.
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