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Southern African Development Community
Treaty of the Southern African Development Community
- Published
- Commenced
- [This is the version of this document at 18 August 2018.]
Chapter one
Definitions
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;“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 and Cluster Ministerial Committees” means the Sectoral and Cluster Ministerial Committees 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;“Standing Committee” means a Standing Committee of Officials established by Article 9 of this Treaty;“Summit” means the Summit of the Heads of State or Government of SADC established by Article 9 of this Treaty;“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
Article 3 – Legal status
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:Article 5 – Objectives
Article 5A – SADC Common Agenda
Article 6 – General undertakings
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
Chapter five
Institutions
Article 9 – Establishment of institutions
Article 9A – Troika
Article 10 – The Summit
Article 10A – Organ on politics, defence and security co-operation
Article 11 – The Council
Article 12 – Sectoral and Cluster Ministerial Committees
Article 13 – The Standing Committee of Officials
Article 14 – The Secretariat
Article 15 – The Executive Secretary
Article 16 – The Tribunal
Article 16A – SADC National Committees
Article 17 – Specific undertakings
Chapter six
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
Article 22 – Protocols
Article 23 – Stakeholders
Chapter eight
Relations with other states, regional and international organisations
Article 24 – Relations with other states, regional and international organizations
Chapter nine
Resources, funds and assets
Article 25 – Resources
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.Article 26A – Regional Development Fund
Article 27 – Assets
Chapter ten
Financial provisions
Article 28 – The budget
Article 29 – External audit
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 – Immunities and privileges
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
Article 34 – Withdrawal
Article 35 – Dissolution
Chapter fourteen
Amendment of the Treaty
Article 36 – Amendment of the Treaty
Chapter fifteen
Language
Article 37 – Language
The working languages of SADC shall be English, French and Portuguese and such other languages as the Council may determine.Chapter sixteen
Savings provisions and transitional provisions
Article 38 – Savings 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.Chapter seventeen
Signature, ratification, entry into force, accession and depositary
Article 39 – Signature
This Treaty shall be signed by the High Contracting Parties.Article 40 – Ratification
This Treaty shall be ratified by the Signatory States in accordance with their constitutional procedures.Article 41 – 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 42 – Accession
This Treaty shall remain open for accession by any State subject to Article 8 of this Treaty.Article 43 – Depositary
Chapter eighteen
Termination of the Memorandum of Understanding
Article 44 – Termination of the Memorandum of Understanding
This Treaty replaces the Memorandum of Understanding on the Institutions of the Southern African Development Coordination Conference dated 20th July, 1981.History of this document
18 August 2018 this version
Consolidation