The Southern African Development Community (SADC) Committee of Ministers of Justice/Attorneys General met virtually on 25 January 2022 to consider a number of draft SADC legal instruments with the aim to create a conducive legal framework to advance efforts to achieve the SADC Common agenda.

The legal instruments included draft amendments to the SADC Treaty, the SADC Administrative Tribunal (SADCAT) Statute and the Protocol on the Development of Tourism in SADC.

The meeting was attended by the Executive Secretary of SADC, Mr. Elias M. Magosi as well as Ministers/Attorneys-General and their representatives from the Republic of Angola, the Republic of Botswana, the Democratic Republic of Congo, the Kingdom of Eswatini, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, the United Republic of Tanzania, the Republic of Zambia and the Republic of Zimbabwe.

Mr Magosi commended SADC Member States for their continued support to the legal sector and dwelt on the achievements and progress on activities aimed at the implementation of the Protocol on Legal Affairs which has ensured delivery of the SADC Regional Indicative Strategic Development Plan (RISDP) 2020 -2030 and the overarching SADC Vision 2050.

He outlined the need to accelerate the SADC Regional Integration Agenda adding that steadfast support on legal affairs would ensure prudent management of the justice system. He further called for a continued collaboration between Member States and the Secretariat and urged both parties to work efficiently in managing legal matters.

The Ministers/Attorneys-General considered the Draft Agreement Amending the SADC Treaty and recommended it to the Council for consideration and to the Summit for adoption. The amendment is intended to recognise the SADC Parliament as one of SADC Institutions under Article 9 (1) of the SADC Treaty.

The Ministers/Attorneys-General also recommended to the Council for approval, the draft Amendment to the SADCAT Statute to provide for a term of four (4) years nonrenewable for Judges of the SADC Administrative Tribunal (SADCAT). They also took note of progress on the status of the consultancy to assess the reasons and implications of the slow pace in the ratification of the SADC Protocols and other Legal Instruments by Member States, amongst others.

It is recalled that the virtual event was preceded by a one-day meeting of Senior Legal Officials on 24 January 2022 which reviewed and cleared documents for Committee of Ministers/Attorneys-General. It was chaired by the Attorney General of the Republic of Malawi who is also the Chairperson of the Committee of Ministers of Justice/Attorneys General, Mr Thabo Chakaka Nyirenda. 

In his remarks, Mr Nyirenda underscored the role of the Committee in providing legal guidance and coordination of legal issues for SADC. He highlighted key functions of the Committee which include, among others, to coordinate and review legal instruments prior to consideration by the SADC Council of Ministers and subsequent adoption by the SADC Summit of Heads of State and Government. He also urged the Committee to actively participate towards promoting regional integration.