Honourable Ministers of Justice and Attorneys-General of the Southern African Development Community
Senior officials
Members of the SADC Secretariat
Ladies and gentlemen
Chairperson on behalf of the South African delegation, allow me to express our appreciation to the people and government of the DRC for the warm hospitality and excellent facilities provided for this meeting. And we also thank you in anticipation for the further hospitality that you have extended for Friday evening.
We wish also to thank Mr Sylvain Dikango Bituki, Secretary-General for Justice at the Ministry for Justice and Human Rights of the DRC, and Dr Theodore Uate, Principal Legal Advisor of the SADC Secretariat for the able manner in which they conducted the meeting of senior legal officials and we thank our senior legal officials for the work that they have done over the past two days to prepare for this meeting.
Chairperson,
Our meeting in the brotherly country of the DRC is also a further tribute to Africa's great son, Patrice Lumumba who paid the ultimate price for the freedom, dignity and progress of all the people of Africa. Two days ago, on 27 April, South Africa celebrated 16 years of freedom and democracy. As we are gathered here today amongst friends and comrades we recall the words of President Nelson Mandela to the Organisation of African Unity (OAU) Heads of State and government on 13 June 1994 in Tunis:
"When the history of our struggle is written, it will tell a glorious tale of African solidarity, of African's adherence to principles. It will tell a moving story of the sacrifices that the peoples of our continent made, to ensure that that intolerable insult to human dignity, the apartheid crime against humanity, became a thing of the past. It will speak of the contributions of freedom, whose value is as measureless as the gold beneath the soil of our country".
He also said that: "We are here today not to thank you, dear brothers and sisters, because such thanks would be misplaced among fellow combatants, we are here to salute and congratulate you for a most magnificent and historical victory over an inhuman system whose very name was tyranny, injustice and bigotry".
On this occasion President Mandela also observed that: "Quite correctly, we have also spent time discussing the equally complex questions that bear on the nature and quality of governance. These, too, are central to our capacity to produce the better life which our people demand and deserve.
"In this regard, we surely must face the matter squarely that where there is something wrong in the manner in which we govern ourselves, it must be said that the fault is not in our stars, but in ourselves that we are ill-governed".
Chairperson,
This year marks the 30th anniversary of SADC and the celebration of the founding fathers known as the frontline states to free the southern tip of Africa of colonialism, racism and exploitation of our people. Implicit in this struggle was a need for a strong regional institution that enjoys the confidence of leaders and citizens of SADC alike.
Today, as we consider the role, responsibilities and terms of reference of the SADC Tribunal, as well as the enforcement and execution of the decisions of this tribunal, we bear in mind the remarks by the executive secretary of SADC on the occasion of the official inauguration of the SADC Tribunal house and the swearing in of the members of the SADC Tribunal, in Windhoek Namibia 18 November, 2005:
"Indeed our SADC Tribunal is being inaugurated at a fine time when SADC as an organisation is facing some challenges, the challenge of ensuring that the law is relevant and ever present. Another challenge is that of the possibility of emergence of cases that will be brought before the tribunal.
He went on to say: "Whatever solution the tribunal will accord to cases, the members of the tribunal will always remain mindful of the need to ensure that access to justice as prescribed by the protocol on the tribunal is not unfairly curtailed for those who are, for whatever reasons, unable to secure legal representation.
"Your honours' appointment to the SADC Tribunal is a fitting recognition of your outstanding achievements in and contribution to the law in your respective countries and in our community. I am confident that you will continue your significant contribution through your important work in the court of the community, the SADC Tribunal. The dignitaries and the distinguished invited guests, who are witnessing this occasion, must be very proud indeed".
Chairperson,
The South African government is indeed proud of and unequivocal in our principled support for, the SADC Tribunal as a legitimate constitutive institution of SADC and believe that it should be accorded all the support and respect needed to fulfil its functions. In opening the meeting of SADC Ministers of Justice and Attorneys-General on 30 July last year in Pretoria, South Africa; Minister Jeff Radebe, MP, Minister of Justice and Constitutional Development of South Africa remarked that:
"This meeting remains an important platform for our respective countries and the region as a whole to ensure justice is attained in all matters facing our people. Justice remains a pillar of our peace, stability, democratisation and development.
"Likewise, the instruments that we will be discussing in this meeting will go a long way towards consolidating that cause, by ensuring stability, transparency, justice and prosperity. The fact that we continue to engage ourselves with the challenges that commonly face us is example of solidarity in action as we seek to implement the values that unite us as a region.
"It is my contention that if we are to succeed in the various regional development matters, we must first and foremost ensure that justice is the bedrock of all our institutional frameworks, and I am confident that you share these sentiments hence the importance of this meeting".
Chairperson,
We must at all times safeguard jealously those institutions that we collectively have created. Where these institutions are found to have shortcomings our responsibility is to address the shortcomings, never to discard or discredit the institutions.
It is in this context that we support the proposal that, pursuant to the decision taken in Kinshasa on 7 to 8 September 2009 by SADC Summit mandating Ministers of Justice and Attorneys-General to undertake a review of the operations of the SADC Tribunal with a view to strengthening it and improving the terms of reference, that this review should be underpinned by a thorough study taking into account the experiences of other regional and international organisations and of the member states.
Furthermore, we support that the study should be conducted within three months after the adoption of the terms of reference by summit, that all relevant stakeholders in the SADC region and in all SADC legal systems should be consulted and that Ministers of Justice and Attorneys-General should oversee the work of the study and that a working committee should be appointed.
Chairperson,
We also support the recommendation that the issue of non-compliance with decisions of the tribunal be deferred and dealt with in the context of the findings of this study, because the resolution of these issues would inform action on the other related issues.
We do so based on the conviction, expressed by President Jacob Zuma on the occasion of the opening of the Harare Agricultural Show in Zimbabwe on 29 August 2009 that:
"Africa cannot only be defined by geography. We should also come together around a set of values that define our humanity. For this reason the promotion of democracy, the respect for human rights and the improvement of governance are vital for our success as a continent".
Chairperson,
Lastly, in exactly 42 days and 12 hours South Africa will host an epic event that will shame afro-pessimists and bring pride to millions of people. I refer to the 2010 FIFA Soccer World Cup. We are ready to receive all the soccer lovers in SADC and our continent. As we say in South Africa: "Feel it, It is Here!"
Thank you very much.
Muito Obrigado.
Merci Beaucoup.
Issued by: Department of Justice and Constitutional Development
29 April 2010
Source: Department of Justice and Constitutional Development (http://www.justice.gov.za/)
