DRAFT PROTOCOL ON THE SADC PARLIAMENT

 

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 DEFINITIONS

ARTICLE 2 CONSTITUTION OF THE PARLIAMENT

ARTICLE 3 OBJECTIVES

ARTICLE 4 ROLE AND FUNCTIONS

ARTICLE 5 COMPOSITION OF THE PARLIAMENT

ARTICLE 6 ELECTION OF MEMBERS OF THE PARLIAMENT

ARTICLE 7 TENURE AND CONDITIONS OF OFFICE

ARTICLE 8 IMMUNITIES AND PRIVILEGES OF MEMBERS AND STAFF

ARTICLE 9 PARLIAMENTARY IMMUNITIES

ARTICLE 10 ADMINISTRATIVE STRUCTURE OF THE PARLIAMENT

ARTICLE 11 SPEAKER AND DEPUTY SPEAKERS

ARTICLE 12 MANAGEMENT COMMITTEE

ARTICLE 13 THE CLERK

ARTICLE 14 RULES OF PROCEDURE

ARTICLE 15 VOTING

ARTICLE 16 SESSIONS

ARTICLE 17 SEAT OF PARLIAMENT

ARTICLE 18 FINANCIAL PROVISIONS

ARTICLE 19 SETTLEMENT OF DISPUTES

ARTICLE 20 SIGNATURE

ARTICLE 21 RATIFICATION

ARTICLE 22 ACCESSION

ARTICLE 23 ENTRY INTO FORCE

ARTICLE 24 WITHDRAWAL

ARTICLE 25 AMENDMENT

ARTICLE 26 SAVINGS AND TRANSITIONAL PROVISIONS

ARTICLE 27 WORKING LANGUAGES

ARTICLE 28 ANNEXES

ARTICLE 29 DEPOSITARY

 

PREAMBLE

WE, the Heads of State or Government of:

The Republic of Angola

The Republic of Botswana

The Democratic Republic of Congo

The Kingdom of Lesotho

The Republic of Malawi

The Republic of Mauritius

The Republic of Mozambique

The Republic of Namibia

The Republic of Seychelles

The Republic of South Africa

The Kingdom of Swaziland

The United Republic of Tanzania

The Republic of Zambia

The Republic of Zimbabwe

MINDFUL of Article 9 as read with Article 16B of the Treaty relating to the establishment of the SADC Parliament;

RECALLING that one of the objectives of the Pan-African Parliament as being to facilitate cooperation among Regional Economic Communities and their Parliamentary fora;

AWARE that the integration of Member States into a viable regional community requires the will of Member States to take all necessary measures to attain the objectives;

CONVINCED that the SADC Parliament as a forum for dialogue, consultation and consensus for representatives of the people of the Region, can effectively promote regional integration;

DESIRING to conclude the Protocol on the SADC Parliament established by Article 9 as read with Article 16B of the Treaty;

HEREBY AGREE as follows:

ARTICLE 1

DEFINITIONS

 

In this Protocol terms and expressions defined in Article 1 of the Treaty shall bear the same meaning unless the context otherwise requires.

In this Protocol, unless the context otherwise requires;

"Clerk" means the Clerk of the Parliament appointed in terms of Article 13 of this Protocol;

"Management Committee" means the Management Committee established in terms of Article 12 of this Protocol;

"Member" means a Member of the Parliament elected or designated in terms of Article 6 of this Protocol;

"National Parliament" means any national deliberative or legislative body of a State Party;

"Parliament" means the SADC Parliament established in terms of Article 9 of the Treaty;

"Parliamentarian" means a member of the National Parliament of a State Party and includes a person elected or designated to the Parliament in terms of Article 6(2) of this Protocol;

"Rules of Procedure" means the Rules of Procedure made in terms of Article 14 of this Protocol;

"SADC-Forum" means the SADC Parliamentary Forum established on 8th August, 1997 by a decision of the Summit;

"Speaker" means the Speaker of the Parliament elected in terms of Article 11 of this Protocol; and

"State Party" means a Member State that ratifies or accedes to this Protocol.

 

 

ARTICLE 2

CONSTITUTION OF THE PARLIAMENT

The SADC Parliament is hereby constituted in terms of Article 9(1) read with Article 16B of the Treaty and it shall function in accordance with the Treaty and this Protocol.

ARTICLE 3

OBJECTIVES

The objectives of the SADC Parliament are to:

  1. Strengthen and facilitate the effective implementation of SADC policies and programmes, and to maximize the implementation capacity of SADC by involving Parliamentarians in SADC activities.

  2. As an institution consisting of elected representatives of the people of SADC, accelerate the regional integration agenda of SADC.

  3. Promote unity, good governance, democracy, human rights, gender equity and equality, human and economic development and peace and stability in the Region.

  4. Contribute to a more prosperous future for the people of the Region by promoting regional cooperation, self-reliance and economic efficiency.

  5. Foster inter-parliamentary cooperation within and outside the Region.

ARTICLE 4

ROLE AND FUNCTIONS

  1. The role and functions of the SADC Parliament shall be to:

(a) provide a regional forum for dialogue, consultation and the public consideration of matters of common interest by representatives of the peoples of the Region;
    1. facilitate the harmonization of laws in the Region;
    2. facilitate the ratification and implementation of international agreements by State Parties;
    3. inform other SADC institutions of popular views on development and other issues affecting SADC States;
    4. debate and approve its budget and the budget of SADC;
    5. consider annual reports on the activities of SADC, annual audit reports of all SADC institutions and any other reports referred to it by the Council or Summit, and take binding decisions on any issues when requested to do so by the Summit;
    6. examine, discuss or express an opinion on any matter, either on its own initiative or at the request of the Summit or Council or other policy organs of SADC and, where appropriate, make recommendations relating to-
      1. respect for human rights;

(ii) the consolidation of democratic institutions and the culture of democracy; and

(iii) the promotion of good governance and the rule of law;
    1. enact regional laws as determined by the Summit; and
    2. provide any other service that may be in the furtherance of the objectives of SADC and the Parliament.
  1. In performing its functions under this Protocol the Parliament may –

(a) establish a committee or subcommittees, where necessary, and make rules for the procedure of its committees;

(b) require officials of, or political office-bearers in charge of, any SADC institution to attend its sessions, produce documents or assist in the discharge of its duties.

ARTICLE 5

COMPOSITION OF THE PARLIAMENT
  1. State Parties shall be represented in the Parliament by an equal number of Members.
  2. Each State Party shall be represented by five (5) Members.
  3. When electing or designating Members, State Parties shall ensure equitable representation of women and political parties in their States or that are represented in their National Parliaments.

ARTICLE 6

ELECTION OF MEMBERS OF THE PARLIAMENT

  1. Until such time that Members are elected by universal adult suffrage, the five (5) Members from each State Party shall be elected or designated to the Parliament by the National Parliament of the relevant State Party.

    2. 2. When electing or designating a Member in terms of subarticle 1, a National Parliament may elect or designate a person from within or outside the National Parliament of that State Party.

    3. A Parliamentarian who becomes a Member of the Parliament retains his or her seat in the National Parliament.

  2. When electing or designating representatives to the Parliament each State Party is entitled to elect or designate an alternate Member for each Member so elected or designated.

ARTICLE 7

TENURE AND CONDITIONS OF OFFICE

  1. A Member shall hold office for a period of five (5) years, but shall be eligible for re-election or re-designation.

  2. The seat of a Member shall become vacant if-

(a) he or she dies;

(b) he or she delivers a written resignation to the Speaker of the Parliament;

(c) he or she is unable to perform his or her functions due to physical or mental incapacity;

(d) he or she is removed on grounds of misconduct; or

(e) the State Party he or she represents ceases to be a Member State or a State Party;

(f) he or she is recalled by his or her National Parliament.

3. A vacation of office on the grounds stipulated in subarticle 2(c) or (d) shall be in accordance with the Rules of Procedure.

4. A Member is entitled to receive allowances when attending to the business of the Parliament and such allowances shall be financed by that Member’s National Parliament.

ARTICLE 8

IMMUNITIES AND PRIVILEGES OF MEMBERS AND STAFF

1. Members shall be entitled to the immunities and privileges conferred by Article 6 of the SADC Protocol on Immunities and Privileges.

  1. The Clerk and staff of the Parliament are entitled to the immunities and privileges conferred by the Article 5 of the SADC Protocol on Immunities and Privileges.

ARTICLE 9

PARLIAMENTARY IMMUNITIES

1. Members shall, in each State Party, enjoy parliamentary immunity which is applicable to Parliamentarians of that State Party.

2 A Member shall not be liable to civil or criminal proceedings, arrest, detention, imprisonment or damages for what was said or done by him or her within or outside the Parliament in his or her capacity as a Member in the execution of his or her duties.

3 Notwithstanding paragraphs 1 and 2, the Parliament has the power to waive the immunity in accordance with its Rules of Procedure.

ARTICLE 10

ADMINISTRATIVE STRUCTURE OF THE PARLIAMENT

The Parliament shall have an administrative structure consisting of:

  1. the Speaker;

  2. the Management Committee; and

  3. the Clerk; and

  4. any other structure as the Parliament may consider necessary.

ARTICLE 11

SPEAKER AND DEPUTY SPEAKERS

  1. Members shall, on a rotational basis, elect, from amongst their number, a Speaker who shall hold office for a period of five (5) years after which he or she is not eligible for re-lection.

2. The position of Speaker shall be held on a fulltime basis and the Speaker shall, subject to the Rules of Procedure and to any policy directives which may be issued by the Management Committee, be responsible for implementing the policies and programs of the Parliament.

3. Members shall, on a rotational basis, elect, from amongst their number, two (2) Deputy Speakers who shall each hold office for a period of five (5) years after which none of them shall be eligible for re-election.

4. The position of Deputy Speaker shall be held on a part-time basis and the person who holds such position is entitled to receive allowances from his or her National Parliament when he or she attends to the business of the Parliament.

5. Subject to the Rules of Procedure, in the absence of the Speaker or if the Speaker is unable to perform his or her functions, either of the Deputy Speakers may act on his or her behalf.

6. The procedure for election to office and the powers and functions of the Speaker and the Deputy Speakers shall be specified in the Rules of Procedure.

7. The Speaker and the Deputy Speakers shall vacate office when their terms of office come to an end or on any of the grounds specified in Article 7 of this Protocol.

8. The terms and conditions of service of the Speaker shall be determined by the Parliament and the financial needs of the office of the Speaker shall be met by the Parliament.

ARTICLE 12

MANAGEMENT COMMITTEE

  1. There shall be a Management Committee which shall, subject to the control and direction of the Parliament, have overall responsibility for the management and administration of the affairs and facilities of the Parliament, giving policy directions to the Speaker and coordinating the programs and activities of the Parliament.

  2. The Management Committee shall consist of the Speaker, the Deputy Speakers and such other Members as may be determined by the Parliament.

  3. The election, powers and functions as well as the procedures of the Management Committee shall be specified in the Rules of Procedure.

ARTICLE 13

THE CLERK

  1. The Parliament shall, on the recommendation of the Management Committee, appoint a Clerk who shall, subject to the overall supervision of the Speaker, be responsible for the day to day administration of the Parliament.

  2. The Management Committee shall, on the recommendation of the Clerk, appoint such other staff as may be required to enable it to perform its functions.

  3. The terms and conditions of service, salaries and benefits of the Clerk and other staff of the Parliament shall be determined by the Parliament on the recommendation of the Management Committee.

ARTICLE 14

RULES OF PROCEDURE

1 The quorum for a meeting of the Parliament shall be constituted by a simple majority of all the Members.

2. Each Member shall have one vote.

3. Decisions of the Parliament shall be taken by consensus, failing which, by the vote of two thirds (2/3) majority of the Members present.

4. Notwithstanding paragraph 3, decisions relating to procedural matters, including a decision as to whether a matter is one of procedure or not, shall be by simple majority of the Members present.

5. All other matters of practice and procedure not provided for in this Protocol shall be provided for in Rules of Procedure adopted by two thirds (2/3) majority of all the Members.

ARTICLE 15

VOTING

1. Members of the Parliament shall vote in their personal and independent capacity and according to their conscience.

ARTICLE 16

SESSIONS

 

  1. The President of the Tribunal or the Chairperson of the SADC-Forum shall preside over the first meeting of the Parliament convened for the purpose of electing a Speaker.

  2. The inaugural session of the Parliament shall be convened by the Chairperson of SADC.

  3. The Parliament shall meet in ordinary session at least twice a year, at times determined by the Rules of Procedure, but such session shall be convened before the annual meeting of the Summit.

  4. An ordinary session of the Parliament shall not last for more than 30 days.

  5. The Chairperson of SADC or at least two thirds (2/3) of the Members may, by a written request addressed to the Speaker, request for an extraordinary session of the Parliament.

  6. A written request for an extraordinary session of the Parliament shall be submitted at least 14 days before the date of the meeting and shall state the reasons for convening of the extraordinary session and the session shall only discuss the matters contained in the request.

  7. Sessions of the Parliament shall be open to the public.

  8. The Chairperson of SADC or any Head of State or Government of any State Party may address the Parliament.

  9. The Parliament may, on its own initiative, invite the Chairperson of the Council or any member of the Council to address it on any issue it may so request and the Parliament may hold a debate following the address.

ARTICLE 17

SEAT OF PARLIAMENT

The Parliament shall have its seat at a place determined by the Summit but it may hold its sessions at any other place which it may determine.

ARTICLE 18

FINANCIAL PROVSIONS

1. The Parliament shall have financial autonomy and shall prepare, adopt and implement its own budget in accordance with its own Financial Rules and Regulations.

2. The funds of the Parliament shall accrue from the following sources –

(a) annual and equal mandatory contributions from National Parliaments of State Parties which shall be determined by the Parliament;

(b) grants or donations from Governments, SADC, other international organizations and charitable institutions including international parliamentary groupings;

(c) fund-raising activities approved by the Parliament;

(d) any other source approved by the Parliament.

ARTICLE 19

SETTLEMENT OF DISPUTES

  1. Any dispute arising from the interpretation of this Protocol, which cannot be settled amicably, shall be referred to the Tribunal for determination.

  2. Paragraph 1 does not apply in matters relating to the procedure of the Parliament or to matters specified in the Rules of Procedure.

ARTICLE 20

SIGNATURE

This Protocol shall be signed by the Heads of State or Government or by their duly authorised representatives of the Member States.

ARTICLE 21

RATIFICATION

This Protocol shall be subject to ratification by the signatory Member States in accordance with their respective constitutional procedures.

ARTICLE 22

ACCESSION

This Protocol shall remain open for accession by any Member State.

ARTICLE 23

ENTRY INTO FORCE

This Protocol shall enter into force thirty (30) days after the deposit of instruments of ratification by two-thirds of the Member States.

ARTICLE 24

WITHDRAWAL
  1. Any State Party may withdraw from this Protocol upon the expiry of twelve (12) months from the date of giving the Executive Secretary a written notice to that effect.

  2. Any State Party that has withdrawn pursuant to paragraph 1 of this Article shall cease to enjoy all rights and benefits under this Protocol upon the withdrawal becoming effective but shall remain bound by the obligations under this Protocol for a period of twelve (12) months, from the date of giving notice to the date the withdrawal becomes effective.

ARTICLE 25

AMENDMENT

1. Any State Party may propose amendments to this Protocol.

  1. Proposals for amendments to this Protocol may be made to the Executive Secretary who shall duly notify all Member States of the proposed amendment or amendments at least thirty (30) days in advance of consideration of the amendment by the State Parties. Such period notice may be waived by the States.

  2. Amendments to this Protocol shall be adopted by a decision of three (3) quarters of all the State Parties, and shall become effective within thirty (30) days of such adoption.

ARTICLE 26

SAVINGS AND TRANSITIONAL PROVISIONS
  1. Nothing in this Protocol shall derogate or be construed to derogate from existing agreements entered into between –
    1. two or more State Parties;
    2. a State Party and a Member State; and
    3. a State Party and a Third State or organisation;

on any activity related to objectives of this Protocol provided that State Parties shall endeavour to give effect to such agreements and any rights acquired or obligations assumed thereunder in conformity with the objectives prescribed in Article 3 of this Protocol.

  1. The SADC-Forum Constitution shall, following the entry into force of this Protocol remain, for the purposes of enabling the SADC-Forum to undertake the necessary measures regarding the devolution of its assets and liabilities to the Parliament and all related matters, operative for a transitional period of one (1) year or such further period as may be determined by the Summit.

  2. Pending the establishment of the office of the Clerk the SADC-Forum Secretariat shall perform the administrative and secretarial functions of the Parliament.

ARTICLE 27

WORKING LANGUAGES

The working languages of the Parliament shall be English, Portuguese and French and any other language as may be determined by the Parliament.

ARTICLE 28

ANNEXES

1. State Parties may develop and adopt annexes for the implementation of this Protocol.

2. An annex shall form an integral part of this Protocol

ARTICLE 29

DEPOSITARY

  1. The original text of this Protocol and all instruments of ratification and accession shall be deposited with the Executive Secretary who shall transmit certified copies to all Member States.

2. The Executive Secretary shall register this Protocol with the Secretariats of the United Nations and the African Union.

 

IN WITNESS WHEREOF, WE, the Heads of the State or Government, or duly authorized representatives, have signed this Agreement.

DONE AT on this day of , 2002 in three (3) original texts in the English, French and Portuguese languages, all texts being equally authentic.

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THE REPUBLIC OF ANGOLA THE REPUBLIC OF BOTSWANA

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DEMOCRATIC REPUBLIC THE KINGDOM OF LESOTHO

OF THE CONGO

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THE REPUBLIC OF MALAWI THE REPUBLIC OF MAURITIUS

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THE REPUBLIC OF MOZAMBIQUE THE REPUBLIC OF NAMIBIA

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THE REPUBLIC OF SEYCHELLES THE REPUBLIC OF SOUTH AFRICA

 

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THE KINGDOM OF SWAZILAND THE UNITED REPUBLIC OF TANZANIA

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THE REPUBLIC OF ZAMBIA THE REPUBLIC OF ZIMBABWE