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SADC Ministers of Justice and Attorneys General Review Progress and Consider Draft Legal Instruments

On 14th June 2024, the Southern African Development Community (SADC) Committee of Ministers of Justice and Attorneys General convened virtually to review progress on previous decisions and examine draft legal instruments for recommendation to the SADC Council of Ministers and the Summit of Heads of State and Government. This meeting aimed at considering, approving, adopting, and signing these instruments.

In his keynote address, Honourable Dr. Marcy Cláudio Lopes, Minister of Justice and Human Rights of the Republic of Angola and Chairperson of the SADC Committee of Ministers of Justice and Attorneys General, emphasised the importance of the draft SADC legal instruments.

These instruments are designed to foster sustainable and equitable economic growth and socio-economic development, which are crucial for poverty alleviation and the enhancement of living conditions in Southern Africa. Dr. Lopes highlighted that these efforts are part of SADC’s broader goal of supporting socially disadvantaged groups through regional integration.

Dr. Lopes also mentioned the Committee’s intention to review a study on the delays in signing, ratifying, and adhering to SADC Protocols and other legal instruments. He noted that the recommendations from this study would be instrumental in accelerating the enforcement of these legal instruments, thereby advancing the SADC Regional Integration Agenda.

SADC Executive Secretary, His Excellency Mr. Elias M. Magosi, reminded the Committee of the significant deliberations that took place since their last meeting in the Democratic Republic of Congo in July 2023.

He pointed out that various SADC Sectoral Ministerial Committees had convened to discuss strategic issues, many of which now require legal review and guidance from the Committee of Ministers of Justice and Attorneys General. Mr. Magosi reiterated the importance of aligning the meeting’s agenda with SADC’s objectives and the SADC Regional Indicative Strategic Development Plan (RISDP) 2020-2030.

Expressing concern over the slow pace at which Member States sign, ratify, and accede to SADC’s legal instruments, Mr. Magosi urged the Committee to support other sectors in expediting these processes to ensure timely enforcement of legal instruments.

Key issues discussed during the meeting included the selection of a judge for the SADC Administrative Tribunal, the draft report on the slow pace of signing and ratifying SADC Protocols, and the re-operationalisation of the SADC Tribunal.

Among the draft legal instruments considered was the Draft SADC Declaration on the Protection of Persons with Albinism. This declaration commits Member States to implement preventive, protective, accountability, equality, and non-discriminatory measures in collaboration with all stakeholders, to ensure the safety and security of people with albinism and to hold perpetrators of crimes against them accountable.

The meeting also reviewed the Draft Agreement Amending the SADC Treaty to establish a double membership structure comprising Troikas of SADC Institutions. This structure aims to facilitate timely and collective decision-making on urgent matters, ensure implementation of decisions, and provide policy directions between meetings of SADC Institutions.

The meeting saw participation from Ministers of Justice and Attorneys General, or their representatives, from Angola, Botswana, the Democratic Republic of Congo, Eswatini, Lesotho, Mauritius, Namibia, South Africa, Tanzania, Zambia, and Zimbabwe.

The mandate of the SADC Committee of Ministers of Justice and Attorneys General includes providing legal guidance and clearance to all SADC legal instruments, supporting the objectives outlined in Article 5 of the SADC Treaty and the SADC Protocol on Legal Affairs.

Source: SADC

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