c. civil society;
d. non-governmental organizations; and
e. workers and employers organizations.
Article 17. Specific Undertakings
1. Member States shall respect the international character and responsibilities of SADC, the Executive Secretary and other staff of SADC, and shall not seek to influence them in the discharge of their functions.
2. In the performance of their duties, the members of the Tribunal, the Executive Secretary and the other staff of SADC shall be committed to the international character of SADC, and shall not seek or receive instructions from any Member States, or from any authority external to SADC. They shall refrain from any action incompatible with their positions as international staff responsible only to SADC.
MEETINGS
Article 18. Quorum
The quorum for all meetings of the institutions of SADC shall be two-thirds of its Members.
Article 19. Decisions
Except as otherwise provided in this Treaty, decisions of the institutions of SADC shall be taken by consensus.
Article 20. Procedure
Except as otherwise provided in this Treaty, the institutions of SADC shall determine their own rules of procedure.
Chapter SEVEN. Co-operation
Article 21. Areas of Co-operation
1. Member States shall cooperate in all areas necessary to foster regional development and integration on the basis of balance, equity and mutual benefit.
2. Member States shall, through appropriate institutions of SADC, coordinate, rationalise and harmonise their overall macro-economic policies and strategies, programmes and projects in the areas of co-operation.
3. In accordance with the provisions of this Treaty, Member States agree to cooperate in the areas of:
a. food security, land and agriculture;
b. infrastructure and services;
c. trade, industry, finance, investment and mining;
d. social and human development and special programmes;
e. science and technology.
f. natural resources and environment;
g. social welfare, information and culture; and
h. politics, diplomacy, international relations, peace and security.
4. Additional areas of co-operation may be decided upon by the Council.
Article 22. Protocols
1. Member States shall conclude such Protocols as may be necessary in each area of co-operation, which shall spell out the objectives and scope of, and institutional mechanisms for, co-operation and integration.
2. Each Protocol shall be approved by the Summit on the recommendation of the Council.
3. Each Protocol shall be open to signature and ratification.
4. Each Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by two thirds of the Member States.
5. Once a Protocol has entered into force, a Member State may only become a party thereto by accession.
6. Each Protocol shall remain open for accession by any State subject to Article 8 of this Treaty.
7. The original texts of each Protocol and all instruments of ratification and
Accession shall be deposited with the Executive Secretary who shall transmit certified copies thereof to all Member States.
8. The Executive Secretary shall register each Protocol with the Secretariat of the United Nations Organization and the Commission of the African Union.
9. Each Protocol shall be binding only on the Member States that are party to the Protocol in question.
10. Decisions concerning any Protocol that has entered into force shall be taken by the parties to the protocol in question.
11. No reservation shall be made to any Protocol.
Article 23. Stakeholders
1. In pursuance of the objectives of this Treaty, SADC shall seek to involve fully, the people of the Region and key stakeholders in the process of regional integration.
2. SADC shall co-operate with, and support the initiatives of the peoples of the Region and key stakeholders, contributing to the objectives of this Treaty in the areas of co-operation in order to foster closer relations among the communities, associations and people of the Region.
3. for the purposes of this article, key stakeholders include:
a. private sector;
b. civil society
c. non -governmental organisations; and
d. workers and employers organisations.
Chapter EIGHT. Relations with other States, Regional and International Organisations Article 24
1. Subject to the provisions of Article 6(1), Member States and SADC shall maintain good working relations and other forms of co-operation, and may enter into agreements with other states, regional and international organisations, whose objectives are compatible with the objectives of SADC and the provisions of this Treaty.
2. Conferences and other meetings may be held between Member States and
Other Governments and organisations associated with the development efforts of SADC to review policies and strategies, and evaluate the performance of SADC in the implementation of its programmes and projects, identify and agree on future plans of co-operation.
Chapter NINE. Resources, Funds and Assets Article 25 Resources
1. SADC shall be responsible for the mobilisation of its own and other resources required for the implementation of its programmes and projects.
2. SADC shall create such institutions as may be necessary for the effective mobilisation and efficient application of resources for regional development.
3. Resources acquired by SADC by way of contributions, loans, grants or gifts, shall be the property of SADC.
4. The resources of SADC may be made available to Member States in pursuance of the objectives of this Treaty, on terms and conditions mutually agreed between SADC and the Member States involved.
5. Resources of SADC shall be utilised in the most efficient and equitable
Manner.
Article 26. Funds
The funds of SADC shall consist of contributions of Member States, income from SADC enterprises and receipts from regional and non-regional sources.
1. There is hereby established a special fund of SADC to be known as the Regional Development Fund in which shall be accounted receipts and expenditure of SADC relating to the development of SADC.
2. The Regional Development Fund shall, subject to this Treaty, consist of contributions of Member States and receipts from regional and non-regional sources, including the private sector, civil society, non-governmental organisations and workers and employers organisations.
3. The Council shall determine the modalities for the institutionalization, operation and management of the Regional Development Fund.
4. The Regional Development Fund shall be governed in terms of financial regulations made in accordance with Article 30 of this Treaty.
1. Property, both movable and immovable, acquired by or on behalf of SADC shall constitute the assets of SADC, irrespective of their location.
2. Property acquired by Member States, under the auspices of SADC, shall belong to the Member States concerned, subject to provisions of paragraph 3 of this Article, and Articles 25 and 34 of this Treaty.
3. Assets acquired by Member States under the auspices of SADC shall be accessible to all Member States on an equitable basis.
Chapter TEN.
"FINANCIAL PROVISIONS ARTICLE 28 THE BUDGET
1. The budget of SADC shall be funded by financial contributions made by
Member States, and such other sources as may be determined by the
Council.
2. Member States shall contribute to the budget of SADC based upon a formula
Agreed upon by the Summit.
3. The Executive Secretary shall cause to be prepared, estimates of revenue
And expenditure for the Secretariat, and submit them to the Council, not less than three months before the beginning of the financial year.
4. The Council shall approve the estimates of revenue and expenditure before the beginning of the financial year.
5. The financial year of SADC shall be determined by the Council.
1. The Council shall appoint external auditors and shall fix their fees and remuneration at the beginning of each financial year.
2. The Executive Secretary shall cause to be prepared and audited annual statements of accounts for the Secretariat and submit them to the Council for approval.
Article 30. Financial Regulations
The Executive Secretary shall prepare and submit to the Council for approval financial regulations, standing orders and rules for the management of the affairs of SADC.
Chapter ELEVEN. Immunities and Privileges Article 31
1. SADC, its institutions and staff shall, in the territory of each Member State, have such immunities and privileges as are necessary for the proper performance of their functions under this Treaty, and which shall be similar to those accorded to comparable international organisations.
2. The immunities and privileges conferred by this Article shall be prescribed in a Protocol.
Chapter TWELVE. Settlement of Disputes Article 32
Any dispute arising from the interpretation or application of this Treaty, the
Interpretation, application or validity of Protocols or other subsidiary instruments made under this Treaty, which cannot be settled amicably, shall be referred to the Tribunal.
CHAPTER THIRTEEN
SANCTIONS, WITHDRAWAL AND DISSOLUTION ARTICLE 33 SANCTIONS
1. Sanctions may be imposed against any Member State that:
a. persistently fails, without good reason, to fulfill obligations assumed under this Treaty;
b. implements policies which undermine the principles and objectives of SADC; or
c. is in arrears in the payment of contributions to SADC, for reasons other than those caused by natural calamity or exceptional circumstances that gravely affect its economy, and has not secured the dispensation of the Summit.
2. The Summit shall determine on a case-by-case basis sanctions to be imposed under subparagraphs a) and b) of paragraph 1 of this Article.
3. Subject to subparagraph c) of paragraph 1 of this Article, sanctions against a Member State which is in arrears shall be imposed as follow:
a. when in arrears for one year, suspension of the Member State's right to speak and receive documentation at meetings of SADC;
b. when in arrears for two years, suspension:
i. of the Member State's right to speak and receive documentation at meetings of SADC; and
ii. by SADC of recruitment, and renewal of contracts of employment, of personnel from the Member State;
c. when in arrears for three years, suspension:
i. of the Member State's right to speak and receive documentation at meetings of SADC;
ii. by SADC of recruitment, and renewal of contracts of employment, of personnel from the Member State; and
iii. of provision by SADC of funds for new projects in the Member State; and
d. when in arrears for four or more years, suspension:
i. of the Member State's right to speak and receive documentation at meetings of SADC;
ii. by SADC of recruitment, and renewal of contracts of employment, of personnel from the Member State; and
iii. of provision by SADC of funds for new projects in the Member State; and
Iv. of cooperation, between SADC and the Member State, in the areas of cooperation spelt out in Article 21 of this Treaty.".
4. The sanctions referred to in paragraph 3 of this Article shall be applied by the Secretariat without reference to the Summit or Council except that the application of the sanctions shall be subject to the Secretariat notifying -
a. prior to any meeting of SADC, Member States in default; and
b. Member States at the beginning of any meeting of SADC.".
1. A Member State wishing to withdraw from SADC shall serve notice of its intention in writing, a year in advance, to the Chairperson of SADC, who shall inform other Member States accordingly.
2. At the expiration of the period of notice, the Member State shall, unless the notice is withdrawn, cease to be a member of SADC.
3. During the one year period of notice referred to in paragraph 1 of this Article, the Member State wishing to withdraw from SADC shall comply with the provisions of this Treaty, and shall continue to be bound by its obligations under this Treaty up to the date of its withdrawal.
4. A Member State which has withdrawn shall not be entitled to claim any property or rights until the dissolution of SADC.
5. Assets of SADC situated in the territory of a Member State which has withdrawn, shall continue to be the property of SADC and be available for its use.
1. The Summit may decide by a resolution supported by three-quarters of all members to dissolve SADC or any of its institutions, and determine the terms and conditions of dealing with its liabilities and disposal of its assets.
2. A proposal for the dissolution of SADC may be made to the Council by any Member State, for preliminary consideration, provided, however, that such a proposal shall not be submitted for the decision of the Summit until all Member Sates have been duly notified of it and a period of twelve months has elapsed after the submission to the Council.
CHAPTER FOURTEEN AMENDMENT OF THE TREATY ARTICLE 36
1. An amendment of this Treaty shall be adopted by a decision of three-quarters
Of all the Members of the Summit.
2. A proposal for the amendment of this Treaty may be made to the Executive Secretary by any Member State for preliminary consideration by the Council, provided, however, that the proposed amendment shall not be submitted to the Council for preliminary consideration until all Member States have been duly notified of it, and a period of three months has elapsed after such notification.
CHAPTER FIFTEEN LANGUAGE
Article 37.
The working languages of SADC shall be English, French and Portuguese and such other languages as the Council may determine.
CHAPTER SIXTEEN
SAVING PROVISIONS AND TRANSITIONAL PROVISIONS ARTICLE 38 SAVING PROVISIONS
A Sectoral Committee, Sector Coordinating Unit or any other institution, obligation or arrangement of the Southern African Development Coordination Conference which exists immediately before the coming into force of this Treaty, shall to the extent that it is not inconsistent with the provisions of this Treaty, continue to subsist, operate or bind Member States or SADC as if it were established or undertaken under this Treaty, until the Council or Summit determines otherwise.
1. The Sectoral Committees, Sector Coordinating Units and Commissions shall be phased out within a period of two (2) years from 9th March 2001 according to the programme adopted by the Summit at its Extraordinary Summit meeting held at Windhoek, Namibia on 9th March 2001.
2. The directorates shall be phased in at the Secretariat within a period of two (2) years from 9th March, 2001.
CHAPTER SEVENTEEN
SIGNATURE, RATIFICATION, ENTRY INTO FORCE, ACCESSION AND DEPOSITARY ARTICLE 40 SIGNATURE
This Treaty shall be signed by the High Contracting Parties.
Article 41. Ratification
This Treaty shall be ratified by the Signatory States in accordance with their
Constitutional procedures.
Article 42. Entry Into Force
This Treaty shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the States listed in the Preamble.
Article 43. Accession
This Treaty shall remain open for accession by any State subject to Article 8 of this Treaty.
1. The original texts of this Treaty and all instruments of ratification and accession shall be deposited with the Executive Secretary of SADC, who shall transmit certified copies to all Member States.
2. The Executive Secretary shall register this Treaty with the Secretariat of the United Nations Organisation and the Commission of the African Union.
CHAPTER EIGHTEEN
TERMINATION OF THE MEMORANDUM OF UNDERSTANDING ARTICLE 45
This Treaty replaces the Memorandum of Understanding on the Institutions of the
Southern African Development Coordination Conference dated 20th July, 1981.
Conclusion
IN WITNESS WHEREOF, WE, the Heads of State or Government have signed this Treaty.