Abstract
This book seeks to advocate a SADC institutional transformation informed by the need to infuse democracy and the rule of law into SADC processes. Informed by the shortcomings of the SADC institutional architecture, and taking into account lessons learnt from other RECs that are used as comparators, among other things, a model of shared governance is offered as an alternative institutional framework for SADC. In the final analysis, shared governance goes beyond merely complementing other democratic principles, and rather accommodates them.
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Notes
- 1.
The recent pronouncement by the government of Botswana that it might consider not taking part in SADC led election observation missions in SADC Member States because of the concerns surrounding the credibility of such processes, although that threat has been reversed, is something that should be taken seriously. See http://en.starafrica.com/news/botswana-in-sadc-poll-observation-boycott-u-turn.html (accessed 4 May 2014). SADC is not the only REC that may be facing an existential threat. In the period immediately following the British referendum to exit the EU, the EU Commission President Jean-Claude Juncker spoke of existential threats to the EU in his State of the Union address to the European Parliament. See ‘State of the Union Address 2016: Towards a better Europe – a Europe that protects, empowers and defends’ European Commission Press Release Database, available at http://europa.eu/rapid/press-release_SPEECH-16-3043_en.htm (accessed on 15 September 2016).
- 2.
These three RECs have already signed a tripartite Memorandum of Understanding with a view to working together in a wide range of matters. See http://www.comesa-eac-sadc-tripartite.org/sites/default/files/documents/Tripartite-Triparrtite%20MoU%20Signed%20Version.pdf (accessed 19 June 2014). For an interesting discussion of the historical background and other matters in connection with the tripartite arrangement, see generally B. Lunogelo & V.A. Mbilinyi ‘Convergence of COMESA-SADC-EAC regional frameworks’ (2009) The Economic and Social Research Foundation, Dar es Salaam, Tanzania, a paper presented during the Annual Forum for Private, Public and Academia Partnership on Trade Policy and Negotiations organized by the Tanzanian Ministry of Industry and Marketing http://www.tzonline.org/pdf/convegenceofcomesa.pdf (accessed 4 May 2014).
- 3.
Based on the current membership of the three organisations, the COMESA-EAC -SADC arrangement would cover 26 states and more than half of Africa in terms of population. See http://www.sadc.int/about-sadc/continental-interregional-integration/tripartite-cooperation/ (accessed 2 February 2016).
- 4.
See http://www.comesa-eac-sadc-tripartite.org/; http://www.comesa-eac-sadc-tripartite.org/Latest from the Tripartite, respectively (both accessed 23 June 2014).
- 5.
Art 5(1)(d) of the Protocol on Relations between the African Union and the Regional Economic Communities (RECs) http://www.afrimap.org/english/images/treaty/AU-RECs-Protocol.pdf (accessed 30 May 2014); S.T. Ebobrah ‘Legitimacy and feasibility of human rights realisation through regional economic communities in Africa: The case of the Economic Community of West African States’ unpublished LLD thesis, Faculty of Law, University of Pretoria (2009) 128–129; M. Killander ‘Legal harmonization in Africa: Taking stock and moving forward’ in L. Fioramonti (ed) Regionalism in a changing world: Comparative perspectives in the new global order (2013) 95.
- 6.
Killander (Footnote 5 above) 88.
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Nyathi, M. (2019). Conclusion. In: The Southern African Development Community and Law. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-76511-2_8
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