Title
CONSOLIDATED TEXT OF THE TREATY OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
Preamble
AS AMENDED
PREAMBLE
WE, the Heads of State or Government of:
The Republic of Angola
The Republic of Botswana
The Democratic Republic of Congo
The Kingdom of Lesotho
The Republic of Malawi
The Republic of Mauritius
The Republic of Mozambique
The Republic of Namibia
The Republic of Seychelles
The Republic of South Africa
The Kingdom of Swaziland
The United Republic of Tanzania
The Republic of Zambia
The Republic of Zimbabwe
HAVING REGARD to the objectives set forth in "Southern Africa: Toward Economic Liberation - A Declaration by the Governments of Independent States of Southern Africa, made at Lusaka, on the 1st April, 1980";
IN PURSUANCE of the principles of " Towards a Southern African Development Community - A Declaration made by the Heads of State or Government of Southern Africa at Windhoek, in August, 1992," which affirms our commitment to establish a Development Community in the Region;
DETERMINED to ensure, through common action, the progress and well-being of the people of Southern Africa;
CONSCIOUS of our duty to promote the interdependence and integration of our
National economies for the harmonious, balanced and equitable development of the Region;
CONVINCED of the need to mobilise our own and international resources to promote the implementation of national, interstate and regional policies, programmes and projects within the framework for economic integration;
DEDICATED to secure, by concerted action, international understanding, support and co-operation;
MINDFUL of the need to involve the people of the Region centrally in the process of development and integration, particularly through the guarantee of democratic rights, observance of human rights and the rule of law;
RECOGNISING that, in an increasingly interdependent world, mutual understanding, good neighbourliness, and meaningful co-operation among the countries of the Region are indispensable to the realisation of these ideals;
DETERMINED to alleviate poverty, with the ultimate objective of its eradication, through deeper regional integration and sustainable economic growth and development;
FURTHER DETERMINED to meet the challenges of globalization;
TAKING INTO ACCOUNT the Lagos Plan of Action and the Final Act of Lagos of April 1980, the Treaty establishing the African Economic Community and the Constitutive Act of the African Union;
BEARING IN MIND the principles of international law governing relations between States;
Have decided to establish an international organisation to be known as the Southern African Development Community (SADC), and hereby agree as follows:
Body
Chapter ONE.
Article 1. Definitions
In this Treaty, unless the context otherwise requires:
"Community" means the organisation for economic integration established by Article 2 of this Treaty;
"Council" means the Council of Ministers of SADC established by Article 9 of this Treaty;
"Executive Secretary" means the Chief Executive Officer of SADC appointed under Article 10 (7) of this Treaty;
"Funds" means resources available at any given time for application to programmes, projects and activities of SADC as provided by Article 26 of this Treaty;
"High Contracting Parties" means States, herein represented by Heads of State or Government or their duly authorised representatives for purposes of the establishment of the Community;
"Integrated Committee of Ministers" means the Integrated Committee of Ministers established by Article 9 A of this Treaty;
"Member State" means a member of SADC;
"Organ" means the Organ on Politics, Defence and Security Co-operation established by Article 9 of this Treaty;
"Protocol" means an instrument of implementation of this Treaty and includes any
Amendment thereto;
"Region" means the geographical area of the Member States of SADC;
"Regional Development Fund" means the Regional Development Fund established by Article 26A of this Treaty;
"Regional Indicative Strategic Development Plan" means a plan, based on the strategic priorities and SADC Common Agenda, designed to provide strategic direction with
Respect to SADC projects and activities;
"SADC" means the Southern African Development Community;
"SADC Common Agenda" means the set of fundamental principles and values, referred to in Article 5A of this Treaty, that will guide the integration agenda of SADC;
"SADC National Committee" means a SADC National Committee established by Article 9 of this Treaty;
"Secretariat" means the Secretariat of SADC established by Article 9 of this Treaty;
"Sectoral Committee" means a committee referred to in Article 38 of this Treaty;
"Sector Coordinating Unit" means a unit referred to in Article 38 of this Treaty;means a Standing Committee of Officials established by Article 9 of this Treaty;
"Standing Committee" means the Summit of the Heads of State or Government of SADC established by Article 9 of this Treaty;
"Summit""Treaty" means this Treaty establishing SADC and includes any amendment
Hereto;
"Tribunal" means the Tribunal of the Community established by Article 9 of this Treaty; "Troika" means the system referred to in Article 9A of this Treaty.
Chapter TWO. Establishment and Legal Status Article 2 Establishment
1. By this Treaty, the High Contracting Parties establish the Southern African Development Community (hereinafter referred to as SADC).
2. The Headquarters of SADC shall be at Gaborone, Republic of Botswana.
1. SADC shall be an international organisation, and shall have legal personality with capacity and power to enter into contract, acquire, own or dispose of movable or immovable property and to sue and be sued.
2. In the territory of each Member State, SADC shall, pursuant to paragraph 1 of this Article, have such legal capacity as is necessary for the proper exercise of its functions.
Chapter THREE.
PRINCIPLES, OBJECTIVES, SADC COMMON AGENDA AND GENERAL UNDERTAKINGS ARTICLE 4 PRINCIPLES
SADC and its Member States shall act in accordance with the following principles:
a. sovereign equality of all Member States;
b. solidarity, peace and security;
c. human rights, democracy and the rule of law;
d. equity, balance and mutual benefit; and
e. peaceful settlement of disputes.
1. The objectives of SADC shall be to:
a. promote sustainable and equitable economic growth and socioeconomic development that will ensure poverty alleviation with the ultimate objective of its eradication, enhance the standard and
Quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration;
b. promote common political values, systems and other shared values which are transmitted through institutions which are democratic, legitimate and effective;
c. consolidate, defend and maintain democracy, peace, security and stability;
d. promote self-sustaining development on the basis of collective self-reliance, and the interdependence of Member States;
e. achieve complementarity between national and regional strategies and programmes;
f. promote and maximise productive employment and utilisation of resources of the Region;
g. achieve sustainable utilisation of natural resources and effective
Protection of the environment;
h. strengthen and consolidate the long standing historical, social and cultural affinities and links among the people of the Region;
i. combat HIV/AIDS or other deadly and communicable diseases;
j. ensure that poverty eradication is addressed in all SADC activities
And programmes; and
k. mainstream gender in the process of community building.
2. In order to achieve the objectives set out in paragraph 1 of this Article, SADC shall:
a. harmonise political and socio-economic policies and plans of Member States;
b. encourage the people of the Region and their institutions to take initiatives to develop economic, social and cultural ties across the Region, and to participate fully in the implementation of the programmes and projects of SADC;
c. create appropriate institutions and mechanisms for the mobilisation of requisite resources for the implementation of programmes and operations of SADC and its institutions;
d. develop policies aimed at the progressive elimination of obstacles to the free movement of capital and labour, goods and services, and of the people of the Region generally, among Member States;
e. promote the development of human resources;
f. promote the development, transfer and mastery of technology;
g. improve economic management and performance through regional co-operation;
h. promote the coordination and harmonisation of the international relations of Member States;
i. secure international understanding, co-operation and support, and mobilise the inflow of public and private resources into the Region; and
j. develop such other activities as Member States may decide in furtherance of the objectives of this Treaty.
1. The SADC Common Agenda shall be as reflected in Article 5 of this Treaty.
2. Without prejudice to paragraph 1 of this Article, the Council shall develop and implement the SADC Common Agenda.
1. Member States undertake to adopt adequate measures to promote the achievement of the objectives of SADC, and shall refrain from taking any measure likely to jeopardise the sustenance of its principles, the achievement of its objectives and the implementation of the provisions of this Treaty.
2. SADC and Member States shall not discriminate against any person on grounds of gender, religion, political views, race, ethnic origin, culture, ill health, disability, or such other ground as may be determined by the Summit.
3. SADC shall not discriminate against any Member State.
4. Member States shall take all steps necessary to ensure the uniform application of this Treaty.
5. Member States shall take all necessary steps to accord this Treaty the force of national law.
6. Member States shall co-operate with and assist institutions of SADC in the performance of their duties.
Chapter FOUR. Membership
Article 7. Membership
States listed in the Preamble hereto shall, upon signature and ratification of this Treaty, be members of SADC.
Article 8. Admission of New Members
1. Any State not listed in the Preamble to this Treaty may become a member of SADC upon being admitted by the existing members and acceding to this Treaty.
2. The Summit shall determine the procedures for the admission of new
Members and for accession to this Treaty by such members.
3. The Council shall consider and recommend to the Summit any application for
Membership of SADC.
4. The admission of any State to membership of SADC shall be effected by a unanimous decision of the Summit.
5. Membership of SADC shall not be subject to any reservations.
Chapter FIVE. Institutions
Article 9. Establishment of Institutions
1. The following institutions are hereby established:
a. the Summit of Heads of State or Government;
b. the Organ on Politics, Defence and Security Co-operation;
c. the Council of Ministers;
d. the Integrated Committee of Ministers;
e. the Standing Committee of Officials;
f. the Secretariat;
g. the Tribunal; and
h. SADC National Committees.
2. Other institutions may be established as necessary.
Article 9A. Troika
1. The Troika shall apply with respect to the following institutions:
a. the Summit;
b. the Organ;
c. the Council;
d. the Integrated Committee of Ministers; and
e. the Standing Committee of Officials.
2. The Troika of the Summit shall consist of:
a. the Chairperson of SADC;
b. the Incoming Chairperson of SADC who shall be the Deputy Chairperson of SADC; and
c. the Outgoing Chairperson of SADC.
3. The respective offices of the Troika of the Summit shall be held for a period of one year.
4. The membership and term of office of the Troika of the Council, the Integrated Committee of Ministers and the Standing Committee of Officials shall correspond to the membership and term of office of the Troika of the Summit.
5. The Troika of the Organ shall consist of:
a. the Chairperson of the Organ;
b. the Incoming Chairperson of the Organ who shall be the Deputy Chairperson of the Organ; and
c. the Outgoing Chairperson of the Organ.
6. The Troika of each institution shall function as a steering committee of the institution and shall, in between the meetings of the institution, be responsible for: