Análise comparativa entre o novo e o antigo figurino de jurisdição do Tribunal da SADC

Abstract

This final work analyses the new and the old jurisdiction of the Southern African Development Community (SADC) Tribunal. The study primarily focuses on the significant changes introduced by the 2014 SADC Tribunal Protocol and their implications for the legal landscape within the SADC. The SADC Tribunal, established to ensure adherence to and proper interpretation of the SADC Treaty, initially had a broader mandate, allowing it to adjudicate on various matters including human rights violations. However, the 2014 Protocol significantly altered this framework, narrowing the scope of the Tribunal ̓ s jurisdiction. This research delves into the modifications, critically assessing how they affect the Tribunal ̓ s ability to fulfill its original mission. A key aspect of the analyses is the examination of the limited jurisdiction imposed by the new Tribunal. Under the new Protocol, the Tribunal ̓ s jurisdiction is confined predominantly to interstate disputes, effectively excluding cases brought by individuals and legal entities. This Shift represents a departure from the previous framework, which allowed individuals to directly approach the Tribunal for redress. The research highlights the legal and practical ramifications of this restriction, noting a significant reduction in the tribunal ̓ s to address a broad spectrum of legal grievances within the SADC region. The study also scrutinizes the legal inconsistencies and voids created by the new Protocol ̓ s provisions. The narrowing of the jurisdiction has led to significant gaps in legal protection and enforcement, undermining the principles of accountability and justice that the SADC Tribunal was initially intend to uphold. In conclusion, this final course project argues that the 2014 Protocol has rendered the new SADC Tribunal ineffective and incapable of meeting the legal needs of the regional community, creating obstacles to the pursuit of economic development and the enforcement of justice within the SADC.