Declaration and Treaty of SADC
TABLE OF CONTENTS
CHAPTER TWO ESTABLISHMENT
AND LEGAL STATUS
3 LEGAL STATUS
CHAPTER THREE PRINCIPLES,
OBJECTIVES AND GENERAL UNDERTAKINGS
6 GENERAL UNDERTAKINGS
CHAPTER FOUR MEMBERSHIP
8 ADMISSION OF NEW MEMBERS
CHAPTER FIVE INSTITUTIONS
9 ESTABLISHMENT OF INSTITUTIONS
10 THE SUMMIT
11 THE COUNCIL
13 THE STANDING COMMITTEE OF OFFICIALS
14 THE SECRETARIAT
15 THE EXECUTIVE SECRETARY
16 THE TRIBUNAL
17 SPECIFIC UNDERTAKINGS
CHAPTER SIX MEETINGS
CHAPTER SEVEN CO-OPERATION
21 AREAS OF CO-OPERATION
23 NON-GOVERNMENTAL ORGANISATIONS
CHAPTER EIGHT RELATIONS WITH OTHER STATES,
REGIONAL AND INTERNATIONAL ORGANISATIONS
CHAPTER NINE RESOURCES, FUND
CHAPTER TEN FINANCIAL PROVISIONS
28 THE BUDGET
29 EXTERNAL AUDIT
30 FINANCIAL REGULATIONS
CHAPTER ELEVEN IMMUNITIES AND PRIVILEGES
CHAPTER TWELVE SETTLEMENT
CHAPTER THIRTEEN SANCTIONS,
WITHDRAWAL AND DISSOLUTION
CHAPTER FOURTEEN AMENDMENT OF THE
CHAPTER FIFTEEN LANGUAGE
CHAPTER SIXTEEN SAVING PROVISIONS
CHAPTER SEVENTEEN SIGNATURE,
RATIFICATION, ENTRY INTO FORCE, ACCESSION AND DEPOSITARY
41 ENTRY INTO FORCE
CHAPTER EIGHTEEN TERMINATION
OF THE MEMORANDUM OF UNDERSTANDING
WE, the Heads of State or Government of:
The People's Republic of Angola
The Republic of Botswana
The Kingdom of Lesotho
The Republic of Malawi
The Republic of Mozambique
The Republic of Namibia
The Kingdom of Swaziland
The United Republic of Tanzania
The Republic of Zambia
The Republic of Zimbabwe
HAVING REGARD to the
objectives set forth in "Southern Africa: Toward
Economic Liberation - A Declaration by the Governments
of Independent States of Southern Africa, made at
Lusaka, on the 1st April, 1980";
IN PURSUANCE of the
principles of " Towards a Southern African Development
Community - A Declaration made by the Heads of State
or Government of Southern Africa at Windhoek, in
August, 1992," which affirms our commitment to establish
a Development Community in the Region;
DETERMINED to ensure,
through common action, the progress and well-being
of the people of Southern Africa;
CONSCIOUS of our duty
to promote the interdependence and integration of
our national economies for the harmonious, balanced
and equitable development of the Region;
CONVINCED of the need
to mobilise our own and international resources
to promote the implementation of national, interstate
and regional policies, programmes and projects within
the framework for economic integration;
DEDICATED to secure,
by concerted action, international understanding,
support and co-operation;
MINDFUL of the need
to involve the people of the Region centrally in
the process of development and integration, particularly
through the guarantee of democratic rights, observance
of human rights and the rule of law;
in an increasingly interdependent world, mutual
understanding, good neighbourliness, and meaningful
co-operation among the countries of the Region are
indispensable to the realisation of these ideals;
TAKING INTO ACCOUNT
the Lagos Plan of Action and the Final Act of Lagos
of April 1980, and the Treaty establishing the African
Economic Community signed at Abuja, on the 3rd of
BEARING IN MIND the
principles of international law governing relation
Have decided to establish an international organisation
to be known as the Southern African Development
Community (SADC), and hereby agree as follows:
In this Treaty, unless the context otherwise requires:
"Treaty" means this Treaty establishing SADC;
"Protocol" means an instrument of implementation
of this Treaty, having the same legal force as this
"Community" means the organisation for economic
integration established by Article 2 of this Treaty;
"Region" means the geographical area of the Member
States of SADC;
"Member State" means a member of SADC;
"Summit" means the Summit of the Heads of State
or Government of SADC established by Article 9 of
"High Contracting Parties" means States, herein
represented by Heads of State or Government or their
duly authorised representatives for purposes of
the establishment of the Community;
means the Council of Ministers of SADC established
by Article 9 of this Treaty;
"Secretariat" means the Secretariat of SADC established
by Article 9 of this Treaty;
" Executive Secretary" means the chief executive
officer of SADC appointed under Article 10 (7) of
"Commission" means a commission of SADC established
by Article 9 of this Treaty;
"Tribunal" means the tribunal of the Community
established by Article 9 of this Treaty;
"Sectoral Committee" means a committee referred
to in Article 38 of this Treaty;
"Sector Coordinating Unit" means a unit referred
to in Article 38 of this Treaty;
means the Standing Committee of Officials established
by Article 9 of this Treaty;
means resources available at any given time for
application to programmes, projects and activities
of SADC as provided by Article 26 of this Treaty.
ESTABLISHMENT AND LEGAL STATUS
1. By this Treaty, the High Contracting Parties
establish the Southern African Development Community
( hereinafter referred to as SADC).
2. The Headquarters of SADC shall be at Gaborone,
Republic of Botswana.
1. SADC shall be an international organisation,
and shall have legal personality with capacity and
power to enter into contract, acquire, own or dispose
of movable or immovable property and to sue and
2. In the territory of each Member State, SADC
shall, pursuant to paragraph 1 of this Article,
have such legal capacity as is necessary for the
proper exercise of its functions.
PRINCIPLES, OBJECTIVES AND GENERAL UNDERTAKINGS
SADC and its Member States shall act in accordance
with the following principles:
a) sovereign equality of all Member States;
b) solidarity, peace and security;
c) human rights, democracy, and the rule of law;
d) equity, balance and mutual benefit;
e) peaceful settlement of disputes.
1. The objectives of SADC shall be to:
a) achieve development and economic growth, alleviate
poverty, enhance the standard and quality of life
of the people of Southern Africa and support the
socially disadvantaged through regional integration;
b) evolve common political values, systems and
c) promote and defend peace and security;
d) promote self-sustaining development on the basis
of collective self-reliance, and the interdependence
of Member States;
e) achieve complementarity between national and
regional strategies and programmes;
f) promote and maximise productive employment and
utilisation of resources of the Region;
g) achieve sustainable utilisation of natural resources
and effective protection of the environment;
h) strengthen and consolidate the long standing
historical, social and cultural affinities and links
among the people of the Region.
2. In order to achieve the objectives set out in
paragraph 1 of this Article, SADC shall:
a) harmonise political and socio-economic policies
and plans of Member States;
b) encourage the people of the Region and their
institutions to take initiatives to develop economic,
social and cultural ties across the Region, and
to participate fully in the implementation of the
programmes and projects of SADC;
c) create appropriate institutions and mechanisms
for the mobilisation of requisite resources for
the implementation of programmes and operations
of SADC and its Institutions;
d) develop policies aimed at the progressive elimination
of obstacles to the free movement of capital and
labour, goods and services, and of the people of
the Region generally, among Member States;
e) promote the development of human resources;
f) promote the development, transfer and mastery
g) improve economic management and performance
through regional co-operation;
h) promote the coordination and harmonisation of
the international relations of Member States;
i) secure international understanding, co-operation
and support, and mobilise the inflow of public and
private resources into the Region;
j) develop such other activities as Member States
may decide in furtherance of the objectives of this
1. Member States undertake to adopt adequate measures
to promote the achievement of the objectives of
SADC, and shall refrain from taking any measure
likely to jeopardise the sustenance of its principles,
the achievement of its objectives and the implementation
of the provisions of this Treaty.
2. SADC and Member States shall not discriminate
against any person on grounds of gender, religion,
political views, race, ethnic origin, culture or
3. SADC shall not discriminate against any Member
4. Member States shall take all steps necessary
to ensure the uniform application of this Treaty.
5. Member States shall take all necessary steps
to accord this Treaty the force of national law.
6. Member States shall co-operate with and assist
institutions of SADC in the performance of their
States listed in the Preamble hereto shall, upon
signature and ratification of this Treaty, be members
ADMISSION OF NEW MEMBERS
1. Any state not listed in the Preamble to this
Treaty may become a member of SADC upon being admitted
by the existing members and acceding to this Treaty.
2. The admission of any such state to membership
of SADC shall be effected by a unanimous decision
of the Summit.
3. The Summit shall determine the procedures for
the admission of new members and for accession to
this Treaty by such members.
4. Membership of SADC shall not be subject to any
ESTABLISHMENT OF INSTITUTIONS
1. The following Institutions are hereby established:
a) The Summit of Heads of State or Government;
b) The Council of Ministers;
d) The Standing Committee of Officials;
e) The Secretariat; and
f) The Tribunal.
2. Other institutions may be established as necessary.
1. The Summit shall consist of the Heads of State
or Government of all Member States, and shall be
the supreme policy-making Institution of SADC.
2. The Summit shall be responsible for the overall
policy direction and control of the functions of
3. The Summit shall adopt legal instruments for
the implementation of the provisions of this Treaty;
provided that the Summit may delegate this authority
to the Council or any other institution of SADC
as the Summit may deem appropriate.
4. The Summit shall elect a Chairman and a Vice-Chairman
of SADC from among its members for an agreed period
on the basis of rotation.
5. The Summit shall meet at least once a year.
6. The Summit shall decide on the creation of Commissions,
other institutions, committees and organs as need
7. The Summit shall appoint the Executive Secretary
and the Deputy Executive Secretary, on the recommendation
of the Council.
8. Unless otherwise provided in this Treaty, the
decisions of the Summit shall be by consensus and
shall be binding.
1. The Council shall consist of one Minister from
each Member State, preferably a Minister responsible
for economic planning or finance.
2. It shall be the responsibility of the Council
a) oversee the functioning and development of SADC;
b) oversee the implementation of the policies of
SADC and the proper execution of its programmes;
c) advise the Summit on matters of overall policy
and efficient and harmonious functioning and development
d) approve policies, strategies and work programmes
e) direct, coordinate and supervise the operations
of the institutions of SADC subordinate to it;
f) define sectoral areas of co-operation and allocate
to Member States responsibility for coordinating
sectoral activities, or reallocate such responsibilities;
g) create its own committees as necessary;h) recommend
to the Summit persons for appointment to the posts
of Executive Secretary and Deputy Executive Secretary;
i) determine the Terms and Conditions of Service
of the staff of the institutions of SADC;
j) convene conferences and other meetings as appropriate,
for purposes of promoting the objectives and programmes
of SADC; andk) perform such other duties as may
be assigned to it by the Summit or this Treaty;
3. The Chairman and Vice-Chairman of the Council
shall be appointed by the Member States holding
the Chairmanship and Vice-Chairmanship of SADC respectively.
4. The Council shall meet at least once a year.
5. The Council shall report and be responsible
to the Summit.
6. Decisions of the Council shall be by consensus.
1. Commissions shall be constituted to guide and
coordinate co-operation and integration policies
and programmes in designated sectoral areas.
2. The composition, powers, functions, procedures
and other matters related to each Commission shall
be prescribed by an appropriate protocol approved
by the Summit.
3. The Commissions shall work closely with the
4. Commissions shall be responsible and report to
THE STANDING COMMITTEE OF OFFICIALS
1. The Standing Committee shall consist of one
permanent secretary or an official of equivalent
rank from each Member State, preferably from a ministry
responsible for economic planning or finance.
2. The Standing Committee shall be a technical advisory
committee to the Council.
3. The Standing Committee shall be responsible
and report to the Council.
4. The Chairman and Vice-Chairman of the Standing
Committee shall be appointed from the Member States
holding the Chairmanship and the Vice-Chairmanship,
respectively, of the Council.
5. The Standing Committee shall meet at least once
6. Decisions of the Standing Committee shall be
1. The Secretariat shall be the principal executive
Institution of SADC, and shall be responsible for:
a) strategic planning and management of the programmes
b) implementation of decisions of the Summit and
of the Council;
c) organisation and management of SADC meetings;
d) financial and general administration;
e) representation and promotion of SADC; and
f) coordination and harmonisation of the policies
and strategies of Member States.
3. The Secretariat shall be headed by the Executive
4. The Secretariat shall have such other staff as
may be determined by the Council from time to time.
THE EXECUTIVE SECRETARY
1. The Executive Secretary shall be responsible
to the Council for the following:
a) consultation and coordination with the Governments
and other institutions of Member States;
b) pursuant to the direction of Council or Summit,
or on his/her own initiative, undertaking measures
aimed at promoting the objectives of SADC and enhancing
c) promotion of co-operation with other organisations
for the furtherance of the objectives of SADC;
d) organising and servicing meetings of the Summit,
the Council, the Standing Committee and any other
meetings convened on the direction of the Summit
or the Council;
e) custodianship of the property of SADC;
f) appointment of the staff of the Secretariat,
in accordance with procedures, and under Terms and
Conditions of Service determined by the Council;
g) administration and finances of the Secretariat;
h) preparation of Annual Reports on the activities
of SADC and its institutions;
i) preparation of the Budget and Audited Accounts
of SADC for submission to the Council;
j) diplomatic and other representations of SADC;
k) public relations and promotion of SADC;
l) such other functions as may, from time to time,
be determined by the Summit and Council.
2 The Executive Secretary shall liaise closely
with Commissions, and other institutions, guide,
support and monitor the performance of SADC in the
various sectors to ensure conformity and harmony
with agreed policies, strategies, programmes and
3. The Executive Secretary shall be appointed for
four years, and be eligible for appointment for
another period not exceeding four years.
1. The Tribunal shall be constituted to ensure
adherence to and the proper interpretation of the
provisions of this Treaty and subsidiary instruments
and to adjudicate upon such disputes as may be referred
2. The composition, powers, functions, procedures
and other related matters governing the Tribunal
shall be prescribed in a Protocol adopted by the
3. Members of the Tribunal shall be appointed for
a specified period.
4. The Tribunal shall give advisory opinions on
such matters as the Summit or the Council may refer
5. The decisions of the Tribunal shall be final
1. Member States shall respect the international
character and responsibilities of SADC, the Executive
Secretary and other staff of SADC, and shall not
seek to influence them in the discharge of their
2. In the performance of their duties, the members
of the Tribunal, the Executive Secretary and the
other staff of SADC shall be committed to the international
character of SADC, and shall not seek or receive
instructions from any Member States, or from any
authority external to SADC. They shall refrain from
any action incompatible with their positions as
international staff responsible only to SADC.
The quorum for all meetings of the Institutions
of SADC shall be two-thirds of its Members.
Except as otherwise provided in this Treaty, decisions
of the Institutions of SADC shall be taken by consensus.
Except as otherwise provided in this Treaty, the
Institutions of SADC shall determine their own rules
AREAS OF CO-OPERATION
1. Member States shall cooperate in all areas necessary
to foster regional development and integration on
the basis of balance, equity and mutual benefit.
2. Member States shall, through appropriate institutions
of SADC, coordinate, rationalise and harmonise their
overall macro-economic and sectoral policies and
strategies, programmes and projects in the areas
3. In accordance with the provisions of this Treaty,
Member States agree to co-operate in the areas of:
a) food security, land and agriculture;
b) infrastructure and services;
c) industry, trade, investment and finance;
d) human resources development, science and technology;
e) natural resources and environment;
f) social welfare, information and culture; and
g) politics, diplomacy, international relations,
peace and security.
4. Additional areas of co-operation may be decided
upon by the Council.
1. Member States shall conclude such Protocols
as may be necessary in each area of co-operation,
which shall spell out the objectives and scope of,
and institutional mechanisms for, co-operation and
2. Each Protocol shall be approved by the Summit
on the recommendation of the Council, and shall
thereafter become an integral part of this Treaty.
3. Each Protocol shall be subject to signature
and ratification by the parties thereto.
1. In pursuance of the objectives of this Treaty,
SADC shall seek to involve fully, the people of
the Region and non-governmental organisations in
the process of regional integration.
2. SADC shall co-operate with, and support the
initiatives of the peoples of the Region and non-governmental
organisations, contributing to the objectives of
this Treaty in the areas of co-operation in order
to foster closer relations among the communities,
associations and people of the Region.
RELATIONS WITH OTHER STATES, REGIONAL AND
1. Subject to the provisions of Article 6(1), Member
States and SADC shall maintain good working relations
and other forms of co-operation, and may enter into
agreements with other states, regional and international
organisations, whose objectives are compatible with
the objectives of SADC and the provisions of this
2. Conferences and other meetings may be held between
Member States and other Governments and organisations
associated with the development efforts of SADC
to review policies and strategies, and evaluate
the performance of SADC in the implementation of
its programmes and projects, identify and agree
on future plans of co-operation.
RESOURCES, FUND AND ASSETS
1. SADC shall be responsible for the mobilisation
of its own and other resources required for the
implementation of its programmes and projects.
2. SADC shall create such institutions as may be
necessary for the effective mobilisation and efficient
application of resources for regional development.
3. Resources acquired by SADC by way of contributions,
loans, grants or gifts, shall be the property of
4. The resources of SADC may be made available
to Member States in pursuance of the objectives
of this Treaty, on terms and conditions mutually
agreed between SADC and the Member States involved.
5. Resources of SADC shall be utilised in the most
efficient and equitable manner.
The Fund of SADC shall consist of contributions
of Member States, income from SADC enterprises and
receipts from regional and non-regional sources.
1. Property, both movable and immovable, acquired
by or on behalf of SADC shall constitute the assets
of SADC, irrespective of their location.
2. Property acquired by Member States, under the
auspices of SADC, shall belong to the Member States
concerned, subject to provisions of paragraph 3
of this Article, and Articles 25 and 34 of this
3. Assets acquired by Member States under the auspices
of SADC shall be accessible to all Member States
on an equitable basis.
1. The budget of SADC shall be funded by contributions
made by Member States, and such other sources as
may be determined by the Council.
2. Member States shall contribute to the budget
of SADC in proportions agreed upon by the Council.
3. The Executive Secretary shall cause to be prepared,
estimates of revenue and expenditure for the Secretariat
and Commissions, and submit them to the Council,
not less than three months before the beginning
of the financial year.
4. The Council shall approve the estimates of revenue
and expenditure before the beginning of the financial
5. The financial year of SADC shall be determined
by the Council.
1. The Council shall appoint external auditors
and shall fix their fees and remuneration at the
beginning of each financial year.
2. The Executive Secretary shall cause to be prepared
and audited annual statements of accounts for the
Secretariat and Commissions, and submit them to
the Council for approval.
The Executive Secretary shall prepare and submit
to the Council for approval financial regulations,
standing orders and rules for the management of
the affairs of SADC.
IMMUNITIES AND PRIVILEGES
1. SADC, its Institutions and staff shall, in the
territory of each Member State, have such immunities
and privileges as are necessary for the proper performance
of their functions under this Treaty, and which
shall be similar to those accorded to comparable
2. The immunities and privileges conferred by this
Article shall be prescribed in a Protocol.
SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation or
application of this Treaty, which cannot be settled
amicably, shall be referred to the Tribunal.
SANCTIONS, WITHDRAWAL AND DISSOLUTION
1. Sanctions may be imposed against any Member
a) persistently fails, without good reason, to
fulfil obligations assumed under this Treaty;
b) implements policies which undermine the principles
and objectives of SADC; or
c) is in arrears for more than one year in the
payment of contributions to SADC, for reasons other
than those caused by natural calamity or exceptional
circumstances that gravely affect its economy, and
has not secured the dispensation of the Summit.
2. The sanctions shall be determined by the Summit
on a case-by-case basis.
1. A Member State wishing to withdraw from SADC
shall serve notice of its intention in writing,
a year in advance, to the Chairman of SADC, who
shall inform other Member States accordingly.
2. At the expiration of the period of notice, the
Member State shall, unless the notice is withdrawn,
cease to be a member of SADC.
3. During the one year period of notice referred
to in paragraph 1 of this Article, the Member State
wishing to withdraw form SADC shall comply with
the provisions of this Treaty, and shall continue
to be bound by its obligations.
4. A Member State which has withdrawn shall not
be entitled to claim any property or rights until
the dissolution of SADC.
5. Assets of SADC situated in the territory of
a Member State which has withdrawn, shall continue
to be the property of SADC and be available for
6. The obligations assumed by Member States under
this Treaty shall, to the extent necessary to fulfil
such obligations, survive the termination of membership
by any State.
1. The Summit may decide by a resolution supported
by three-quarters of all members to dissolve SADC
or any of its Institutions, and determine the terms
and conditions of dealing with its liabilities and
disposal of its assets.
2. A proposal for the dissolution of SADC may be
made to the Council by any Member State, for preliminary
consideration, provided, however, that such a proposal
shall not be submitted for the decision of the Summit
until all Member Sates have been duly notified of
it and a period of twelve months has elapsed after
the submission to the Council.
AMENDMENT OF THE TREATY
1. An amendment of this Treaty shall be adopted
by a decision of three-quarters of all the Members
of the Summit.
2. A proposal for the amendment of this Treaty may
be made to the Executive Secretary by any Member
State for preliminary consideration by the Council,
provided, however, that the proposed amendment shall
not be submitted to the Council for preliminary
consideration until all Member States have been
duly notified of it, and a period of three months
has elapsed after such notification.
The working languages of SADC shall be English
and Portuguese and such other languages as the Council
A Sectoral Committee, Sector Coordinating Unit
or any other institution, obligation or arrangement
of the Southern African Development Coordination
Conference which exists immediately before the coming
into force of this Treaty, shall to the extent that
it is not inconsistent with the provisions of this
Treaty, continue to subsist, operate or bind Member
States or SADC as if it were established or undertaken
under this Treaty, until the Council or Summit determines
SIGNATURE, RATIFICATION, ENTRY
INTO FORCE, ACCESSION
This Treaty shall be signed by the High Contracting
This treaty shall be ratified by the Signatory
States in accordance with their constitutional procedures.
ENTRY INTO FORCE
This Treaty shall enter into force thirty (30)
days after the deposit of the instruments of ratification
by two-third of the States listed in the Preamble.
This Treaty shall remain open for accession by
any state subject to Article 8 of this Treaty.
1. The original texts of this Treaty and Protocols
and all instruments of ratification and accession
shall be deposited with the Executive Secretary
of SADC, who shall transmit certified copies to
all Member States.
2. The Executive Secretary shall register this
Treaty with the Secretariats of the United Nations
Organisation and the Organisation of African Unity.
TERMINATION OF THE MEMORANDUM OF UNDERSTANDING
This Treaty replaces the Memorandum of Understanding
on the Institutions of the Southern African Development
Coordination Conference dated 20th July, 1981.
IN WITNESS WHEREOF, WE, the Heads of State or Government
have signed this Treaty.
DONE AT Windhoek, on 17th Day of August, 1992 in
two (2) original texts in the English and Portuguese
languages, both texts being equally authentic.
THE PEOPLE'S REPUBLIC OF ANGOLA
REPUBLIC OF BOTSWANA
KINGDOM OF LESOTHO
REPUBLIC OF MALAWI
REPUBLIC OF MOZAMBIQUE
REPUBLIC OF NAMIBIA
KINGDOM OF SWAZILAND UNITED
REPUBLIC OF TANZANIA
REPUBLIC OF ZAMBIA
REPUBLIC OF ZIMBABWE