The purpose of this memorandum is to request Parliament to ratify the Protocol in terms of section 231 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) (the Constitution).

The SADC Council of Ministers established the SADC Legal Sector in Lusaka, Zambia, during February 1999. The Legal Sector then produced the Protocol, which was signed by Heads of State and Government in Windhoek, Namibia, on 7 August 2000. The Protocol is now ready for ratification.

The Department held a view that since the Legal Sector has been phased out as a result of the rationalization of SADC institutions, it would not be necessary to proceed with the ratification of the Protocol. However, the SADC Secretariat insists that Member States should proceed to ratify the Protocol. A copy of a brief summary of the Provisions of the Protocol is attached.

The State Law Advisers and State Law Advisers (International Law) indicate that no provision of the Protocol is in conflict with South Africa's domestic law and international law respectively.

In terms of article 3.3 of the Protocol, each State Party shall designate a legal expert to serve in the Committee of Legal Experts. There will be no personnel implications since the Legal Sector has been phased out.

Article 6.1 of the Protocol provides that each State Party shall endeavour to allocate the necessary funds at its national level for the effective implementation of the Protocol. There will be no financial implications since the Legal Sector has been phased out.

It is recommended that Parliament ratify the Protocol in terms of section 231 of the Constitution.