1.On 26 August: 2003, the Heads of States and Government of the Southern Africa Development Community (SADC) by consensus adopted the Mutual Defence Pact (the Pact). The Pact was signed by the President on the same day on behalf of the Republic of South Africa in terms of the President ‘s Minute No . No. 510/2003 (a copy of the minute is annexed hereto).

2. The Pact shall come into force thirty (30) days after the deposit of the instruments of rectification by two thirds of the Member States. The object of the Pact is to operarationalise the mechanisms of the Organ for mutual co-operation in defence and security matters.

3'. The primary object of the Pact may be divided into two categories. Firstly, the Pact seek to address issues of collective self-defence and collective action (Article 6). Secondly, It also seeks to encourage interaction and co-operation among the armed forces and defence related industries of Member States in the areas of military training, exchange of intelligence and research, development and production of military equipment (Article 9).

4.The cumulative effect of both these Articles is that they impose an obligation on Member States to engage in collective action, as may be authorised by the Summit , where there is an armed attack against a State Party

(ii) OTHER PROVISIONS

5. Article 4 requires State Panics to maintain and develop their individual and collective self-defence capacity to maintain peace, stability and security.

6..In Article 7 the State Parties undertake to respect one another's territorial integrity and sovereignty and in particular to observe the principle of non-interference in the internal affairs of one mother.

7. The State Parties also undertake not to nurture, harbour or support any person or of group of persons or institutions whose aim is to destabilise the political, military , territorial and economic or social security of a State Party

8. South Africa has, since 1994, shown willingness to co-operate with her neighbours and the rest of the continent to save lives, preserve peace and to defend democracy. This has been demonstrated in the extent to which South Africa is participating in peace missions and humanitarian assistance in Africa.

9. Given the above it is submitted that the ratification of the Pact will not have any new In-.implications other than what the country has already accepted in the above situations and what it has already committed itself in a number c-f continental instruments.

DEPARTMENTS AND/OR BODIES CONSULTED

10.The Office of the Chief State Law Adviser has advised that the Pact has been scrutinised with a view to possible conflict with domestic law of the Republic of South Africa and is of the opinion that there appears to be no such conflict. The Department of Foreign Affairs has 3.150 advised that the Pact is not in conflict with other international obligations of the Republic of South Africa.

ORGANISATIONAL AND P£P<SONNEL IMPLICATIONS

11. None

12. None

COMMUNICATION IMPLICATIONS

13. None

14.It is recommended that Parliament approve the ratification of the Pact on behalf-of the Government of the Republic of South Africa.

15 The Department of Defence should be authorised to facilitate the preparation of the declaration of intent to be deposited with the Executive Secretary of SADC as set-out in