Browsing by Author "Nkomo, Marumo"

Now showing 1 - 17 of 17
  • Thumbnail Image
    Item
    Open Access
    An analysis of competition law implementation in the EAC, SADC, and COMESA and the problem of overlapping membership
    (2020) Khabo, Lebona; Nkomo, Marumo
    Competition law is an integral building block in the attainment of regional integration, with Regional Economic Communities (RECs) on the continent making specific provision for competition policy in their founding and developmental agreements. However, in the Southern African Development Community (SADC), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA), Partner and Member states have implemented competition law in varying degrees, in some cases there is a complete vacuum. In this paper I wish to analyse the development and implementation of competition law in the respective regions, by dissecting the manner in which the regions have gone about promoting competition law in the regions, I shall further analyse the domestic development of competition law in some of the Partner and Member States. Due to the voluntary nature of the RECs some Member and Partner States of SADC and the EAC are also members of COMESA, this creates a multiplicity of regional obligations as well as domestic obligations. In light thereof I will further analyse the effect of overlapping membership of RECS, and whether it creates any unintended problems, and if so, how this has been dealt with or can be dealt with.
  • No Thumbnail Available
    Item
    Open Access
    An Investigation into the Legal Framework in South Africa Regulating the Protection of Indigenous Knowledge: Assessing the Efficacy of the Current and Proposed Legislation
    (2023) Peek, Cailin; Nkomo, Marumo; Bradstreet Richard
    For centuries, indigenous communities have survived the harshest of environments and conditions by living off the land and relying on valuable knowledge which has been passed down from generation to generation. This way of life and cultural practice has impacted, not only the lives and livelihoods of the communities from where the knowledge has originated, but it has also been instrumental and inspirational in the development of products and innovation in various economic sectors. This knowledge, which has been termed indigenous or traditional knowledge, has been used by developed and developing countries in a variety of ways and has been vital in bringing global awareness to issues such as the protection of biodiversity and sustainable use of natural resources. Indigenous knowledge is more than a farming practice or a tribal design, it is knowledge which is intrinsically linked to the spirit and identity of its people. Unfortunately, just as biodiversity and the world's natural resources have come under threat, so to, has indigenous knowledge. Across the globe, indigenous knowledge is being harvested from communities and used in a manner where the indigenous communities themselves have received little or no benefit. In many instances the indigenous communities have not authorised the use of their knowledge or it is used in a manner which is culturally offensive and harms the belief systems of these communities. This paper will focus on the importance of recognising and protecting the valuable resource which is indigenous knowledge. By examining the challenges faced at international and regional level with regard to the appropriate protection for indigenous knowledge and the instruments created by the South African government, this paper aims to address the debate on what an appropriate method of protection is, not only in the protection offered to indigenous knowledge, but by assessing which approach will be more compatible with certain regional instruments which have been proposed and implemented and further, which legislative framework will be more suitable once an international approach is adopted. While the recognition and protection of indigenous knowledge is of paramount importance, the way in which it is recognised and protected plays a role in how effective the protection will be. Aligning the protection offered in South Africa to proposed regional and international approaches will ensure a broader and more effective method of recognition and protection and will ensure that the objectives of protecting this resource are met. This paper will highlight the challenges and different approaches adopted in the South African legislation and offer an opinion on which approach will be more adaptable and aligned with future regional and international instruments created to recognise and protect indigenous knowledge.
  • Thumbnail Image
    Item
    Open Access
    An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia
    (2014) Nghihalwa, Saima Litauleni; Nkomo, Marumo
    Protection of traditional knowledge and traditional cultural expressions of indigenous communities is one of the most contentious and complicated issues on both international and national agendas. The historical development of the protection of intellectual property in the wake of the industrial revolution and its subsequent jurisprudential justification, based on private property rights, pushed TK and the practice based on it, outside the purview of the formal intellectual protection regime. There is substantial evidence that TK has in past decades been used in a range of industries and has accordingly led to new products as well as the development of existing products. Evidence of this can be found in the areas of special foods and beverages, the cosmetic sector, personal care, agriculture, horticulture and pharmaceuticals. Industries sometimes make use of this knowledge to formulate new products, which they do in a slightly different manner so as to market the products as their own. Currently, there are certain products in Namibia that use the traditional terms of products as trademarks. Despite the fact that some of these terms are not registered with the Ministry of Trade and Industries, these owners enjoy common law protection under trademark law. This is especially so for well-known products such as Omaere milk, which is a product of the Namibia Dairies (Pty) Ltd. The term Omaere is used by the OvaHerero and OvaHimba speaking communities of Namibia and Botswana to refer to traditionally processed curdled milk. The Namibian Dairies (Pty) Ltd has been making use of this name for one of their curdled milk products for more than 15 years. During this period the company has done such excessive marketing of the product that this name has come to be regarded as their trademark. Reviewing it from this perspective, one can conclude that no-one else could use this name to refer to their milk products, as it has come to be considered as a product of the Namibia Dairies.
  • Thumbnail Image
    Item
    Open Access
  • Thumbnail Image
    Item
    Open Access
    A critical analysis of the protection of traditional knowledge within the Namibian legal system
    (2014) Vilho, Aina N; Nkomo, Marumo
    Namibia is well known for its unique climate and ecological profile hence its biodiversity, which comprises wild and cultivated species and varieties. The country’s relative isolation has contributed to the maintenance of a unique genetic resource base. There are many naturally occurring plants and animals that have been used since time immemorial by local people as a source of food security, primary health and for their general livelihood, which could be exploited for commercial purposes. There is a growing international interest in bio trade with, and bio prospecting in, Namibia. This paper examines Traditional Knowledge (TK) and Intellectual Property Rights (IPR’s)6within the Namibian context. It further examines whether the protection under the current Namibian intellectual property (IP) framework sufficiently protects all types of indigenous TK against exploitation. The rationale for the examination stems from a draft policy on ‘Access to Genetic Resources and the Protection of Associated Traditional Knowledge’. There is little knowledge about the genetic resources that have left Namibia, those that are still here, and their biological and conservation status. The associated problems, concerns and threats underscore the need for policies and legislation to regulate access to genetic resources, to protect TK and practices, and to facilitate the equitable sharing of benefits from the use of genetic resources.
  • Thumbnail Image
    Item
    Open Access
    The effect of the East African community integration process on informal cross-border trade (ICBT) : an analysis of the Customs Union Protocol
    (2015) Muthee, Karen Wangu; Nkomo, Marumo
    Informal cross border trade (ICBT) includes imports and exports that are traded across borders informally by escaping the normal border procedures like customs clearance. As a consequence of the said informality, ICBT is viewed as illegal cross border activities. Despite the fact that it is not possible to give the accurate extent of ICBT in the East African Community (EAC), it continues to grow by the day and has contributed significantly to economic and sustainable growth. It therefore has the potential to support the ongoing initiatives on poverty reduction and raise the standards of living for a majority of the people. In fact, if properly managed, it definitely has the effect of boosting the economies. The concept therefore that ICBT is illegal trade shows that legislators have not fully appreciated the benefits of this trade and the fact that they have downplayed it means overlooking a significant proportion of trade. The main aim of the study therefore is to give an overview of the nature and scope as well as the significance of ICBT in EAC. In this regard, the three major advantages are that it is a source of employment, assists in eradicating poverty and contributes immensely towards food security in the region. The study also analyzes the Customs Union Protocol and highlights opportunities that can be derived from specific articles for the benefit of the informal cross border traders and eventually comes up with policy recommendations to provide a regulatory environment that can accommodate both the formal and informal sector without harming either of the two. The research has also discussed the regional integration initiatives taken with the aim of promoting economic development in the Community and their effect on ICBT. The route taken by Africa as a whole is market integration which has not been without difficulties. As an alternative, regionalism from below could be the better way forward in the quest for regional economic integration considering ICBT has greatly supported the shrinking formal economy. This would mean tapping into this informal trade by building on those informal trade networks to create a robust economy bearing in mind that is where a substantial proportion of cross-border trade is conducted. This would ultimately lead to formalizing ICBT. While it may seem difficult, the study shows that formalizing ICBT and having its official recognition in the Customs Union Protocol would be a stepping stone to realizing economic integration within the Community. It is a kind of trade that is there to stay and as a result of the shrinking formal economy; EAC will with time have to deal with ICBT as a parallel and alternative source of employment in relation to the formal sector. Therefore, it is necessary that the Community deals with ICBT sooner rather than later considering it has become a social-economic lifestyle for a large number of EAC citizens.
  • Thumbnail Image
    Item
    Open Access
    Harmonising investment laws in the OHADA space
    (2015) Mugangu, Marie Providence Ntagulwa; Nkomo, Marumo; Bosman, Lise
    The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs.
  • Thumbnail Image
    Item
    Open Access
    The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability
    (2015) Matawu, Daniel Tawanda; Nkomo, Marumo
    The aim of this thesis is to advocate for the inclusion of PPMs into the current GATT regime for the attainment of environmental sustainability. The issue of PPMs in international trade has been problematic for environmentalists since the first Tuna-Dolphin panel held that distinctions between products based on their production methods were not permissible under GATT. In the first part the thesis assessed and confirms that trade and the environment are two intertwined elements. The thesis then focused on the current legal framework within which environmental interests are said to be appreciated. It is shown that this framework is not efficient in protecting the environment. The thesis then identifies the issue of PPMs and their position in relation to the GATT. This analysis entailed a detailed study of article I, III and XX. It is shown that in many disputes involving PPMs, in most instances PPMs are easily found to be in contravention of the most-favoured nation principle (article I) and the national treatment principle(article III). An evaluation of article III also shows that the like products tests has made it challenging for PPMs to be acceptable in GATT. As for article XX most PPMs readily qualify under (b) and (g) but fail to meet the chapeau's steep requirements. In conclusion focus was on the PPMs debate vis-à-vis the views of developing and developed nations. By showing the rate of environmental degradation in the SADC region as examples, the thesis argues that PPMs offer developing countries a solution for environmental sustainability.
  • Thumbnail Image
    Item
    Open Access
    Least developed countries and geographical indications: how can Uganda position itself to benefit from geographical indications?
    (2015) Kisuule, Yvonne Alexandra; Nkomo, Marumo
    The primary objective of this thesis is to determine how Uganda can optimally benefit from geographical indications. This objective is achieved by focusing on the current negotiations at the World Trade Organization concerning geographical indications. The main issues in contention are the extension of a higher level of protection to other products, besides wines and spirits, and the establishment of a multilateral register for wines and spirits. In the discussion of these issues, each proposal is examined in light of Uganda's interests. The thesis also focuses on how geographical indications can be turned into development tools at the national level. It considers Uganda's legislation, the Geographical Indications Act 8 of 2013, and highlights the provisions that might deter the establishment of a successful geographical indications system in the country. The thesis then identifies other factors that Uganda must address in order for geographical indications to become development tools. It is concluded that in order to establish a successful geographical indications system, Uganda needs to continue its support for the Modalities Proposal in the international negotiations. Furthermore, at the national level, there are various factors that must be addressed, beyond the law, before geographical indications can become development tools, and these include the formation of producer organisations, marketing strategies and the sensitisation of stakeholders.
  • Thumbnail Image
    Item
    Open Access
    The need to develop a successful competition regime in Uganda: an analysis of the factors hindering the operationalisation and implementation of the East African Community Competition Act
    (2015) Nansubuga, Catherine; Nkomo, Marumo
    Uganda is in the process of enacting a competition law. Like most developing countries, it faces a unique adoption process, local circumstances and concerns that makes the competition law and enforcement practices distinguishable from other jurisdictions. This research will analyse the need for development of a successful competition regime in Uganda by highlighting the factors that should inform the law and policy. The study will analyse the adequacy of the current competition bill 2004 in comparison with the competition laws of Kenya, Tanzania and South Africa and propose that Uganda needs to develop a competition regime that is suited to its local development needs. The East African Community (EAC) aimed at enhancing trade liberalisation and development, among other sectors adopted the East African Competition Policy in 2004 and subsequently the East African Legislative Assembly enacted the East African Competition Act in 2006. However to date an East African Community Competition Authority has not been established and the law is not yet operational. The study will further appraise the challenges to the operationalisation and implementation of the East African Community Competition Act and suggest that apart from the fact that Uganda has not enacted a competition law as required by the East African community Protocol, there are other significant challenges hindering the operationalisation and implementation of the East African Community Competition Act.
  • Thumbnail Image
    Item
    Open Access
    The regulation on trade barriers under SADC and EAC: assessing the effectiveness of their legal framework
    (2014) Kamau, Nancy Washinga; Nkomo, Marumo
    There are more regional integration initiatives in Eastern and Southern Africa than anywhere else in Sub-Sahara Africa. These include Common Market of Eastern and Southern Africa (COMESA), East Africa Community (EAC), Southern African Development Community (SADC), Southern Africa Customs Union (SACU) and Inter-Governmental Authority on Development (IGAD). Owing to the scope of this study, only the trade liberalization initiatives under SADC and EAC will be evaluated. The trade liberalization strategies will focus on the intra-regional level. This study entails a comparative study of key legal provisions facilitating elimination of trade barriers within SADC and EAC trade blocs respectively. The study identifies the underlying objectives that inspired the countries to enter the said regional trade agreements. It will focus on the mechanisms adopted to liberalize free movement of goods in the SADC Free Trade Area and the EAC Customs Union respectively. Since both RTAs carry a firm commitment to take affirmative measures to reduce barriers to intra-regional trade, the respective trade agreements should contain a legal framework that will drive the trade liberalization objectives. The study seeks to determine whether the legal frameworks in the SADC and EAC trade regimes is a viable tool to eliminate trade barriers and in turn foster a deeper level of integration. The aim of the study is to ascertain whether their constitutive legal framework is effective enough to achieve this goal. The study concludes that while the SADC FTA and the EAC custom union have already been launched, the levels of intra-regional trade remains low. This is caused by failure of some member states to meet their commitments to eliminate tariff barriers, the surge of non-tarifff barriers and multiple memberships of SADC and EAC members with other regional trade blocs. This study is founded on the belief that lack of enforcement of community law at national and community level is slowing down the implementation of treaty commitments.
  • Thumbnail Image
    Item
    Open Access
    The role of Section 12 A (3) of the Competition Act to bring into effect the objectives of the act of addressing social and economic problems and past inequalities through the public interest assessment in merger proceedings
    (2015) Mgiba, Martin Rifuwo; Nkomo, Marumo
    The advent of our constitution necessitated a drastic re-evaluation of our aspirations as a young democratic state. Formal equality had to be accompanied by substantive equality. Substantive equality could only be achieved by a total revamp of our economic policy and framework, which was designed to benefit the white minority. The government quickly realized the fact that our competition jurisprudence had a significant role to play in bringing about economic and social reform. The challenge however was that the economy inherited, was littered with monopolies. As a result in 1995, the South African government embarked on a project to review competition policy and the process was concluded in September 1998 when Parliament passed the Act into law. The Act introduced new provisions, including the consideration of public interest in merger regulation. The inclusion of public interest in the Act was motivated by the need to address the socio-economic inequalities arising in society. Competitiveness and development was seeing as mutually supporting objectives. It was recognised that a small economy like South Africa, may be concentrated and therefore any merger and acquisition activity can create further concentration and social disparities if left unchecked. Mergers may lead to the shedding of jobs, especially where they are driven by cost saving and efficiency goals. Hence, it was recognised as being important that merger regulation consider the preservation of jobs where these arise as a result of the merger. In an economy with high unemployment rates, it would not serve the public interest to encourage or allow further job losses. Hence the inclusion of section 12 A 3 of the Competition Act which made it mandatory to consider public interest considerations in merger proceedings. This paper seeks to evaluate if competition authorities have carried out their mandate of addressing socio economic issue in merger processing through section 12 A (3).
  • Thumbnail Image
    Item
    Open Access
    The role of the World Trade Organization in the international anti-corruption movement
    (2015) Gundani, Melissa Memory; Nkomo, Marumo; Woldesenbet, Mintewab Gebre
    Corruption adversely affects various aspects of economic activity, including international trade. As corruption affects international trade in a number of ways, various countries and international organisations have made co-ordinated efforts to effectively control corruption in general and in the context of international trade. Despite the World Trade Organization's role as a body for making and enforcing international trade rules, it has not actively participated in the fight against corruption in the trade arena. This paper explores why the World Trade Organization has made no anti-corruption initiatives and provides a review of the current role that is played by the organization in the international anti-corruption movement, through its existing framework. The study also includes a review of the different instruments put in place by other organisations and countries that have actively participated in combating corruption in international trade, and whether the World Trade Organization should follow-suit.
  • Thumbnail Image
    Item
    Open Access
    The SADC protocol on trade in services : a review of the protocol in light of the GATS and other SADC protocols and what it means for trade in services in the region
    (2013) Ngubula, Moyombuya; Nkomo, Marumo
    In 1995 the General Agreement on Trade in Services (GATS) came into force. This is the World Trade Organization’s (WTO) legal instrument aimed at regulating multilateral trade in services (TiS). GATS was negotiated in light of the increase in TiS in the world and the need to regulate this area of trade. Prior to GATS coming into force, only trade in goods was regulated at the multilateral level through the General Agreement on Trade and Tariffs (GATT). There are many benefits that come along with TiS and there is a need for developing countries to open up their service markets. Liberalised TiS in developing countries can bring about technological advancement, it enhances competition, it creates employment and it enhances productivity. Opening up the services sector brings about more service suppliers into the economy. The increase in service suppliers means that there will be competition and competition eliminates inefficiency and gives consumers access to a variety of services at low prices. The service areas that SADC countries have comparative advantage in such as tourism and transport are labour intensive, the opening of such sectors will therefore be employment creating across the region. In more technologically complex service areas (like telecommunications) the liberalisation of such sectors allows those countries that trade in such services to spill-over the technical know-how to other countries in the region. Among some of the provisions of GATS that regulate TiS are provisions that define services, identify services areas and modes of trading in services. GATS provides for member states to accord treatment no less favourable than that they give to their services and service suppliers to services and service suppliers that come from other members (MFN treatment). Services from members are also to be afforded national treatment when traded in the territory of another member. The national treatment afforded to services differs from that in GATT in that unlike in GATT national treatment under GATS only comes about as a result of specific commitments made by each member. There are some exceptions to the general rules of GATS. One such exception allows for the establishment of a preferential trade agreements to regulate TiS in a region. In terms of Article V member states can enter into preferential trade agreements to regulate their TiS. The preferential trade agreements established in terms of Article V allow the parties thereto to extend more favourable conditions to the services and service suppliers from the countries that are member states without extending them to the rest of the WTO members.0 In order to satisfy Article V it must be shown that the agreement in question covers a substantial number of sectors and that it eliminates or provides for the substantial elimination of discrimination. There is some flexibility that is however afforded to preferential agreements entered into by developing countries in so far as the elimination of discrimination is concerned. SADC is a Regional Economic Community that was established in 1992 in terms of the SADC Treaty. The SADC treaty provides for the regulation of trade.14 It also provides for the concluding of Protocols when the need arises. In light of the provisions of the treaty and of GATS Article V, SADC recently concluded the SADC Protocol on Trade in Services (SADC TiS Protocol). The Protocol is aimed at liberalising substantial TiS in the Southern African region while at the same time ensuring that the treaty remains consistent with other Protocols that precede it. In light of the provisions of GATS the paper will carry out an analysis of the SADC TiS Protocol. The paper will consider the requirements that GATS places on preferential agreements and assess how far the SADC TiS Protocol goes in satisfying the requirements.
  • Thumbnail Image
    Item
    Open Access
    The SADC protocol on trade: a critical analysis
    (2015) Kaphuka, Samuel; Tshivhase, Aifheli; Nkomo, Marumo
    "Is the SADC Trade Protocol adequate to meet its stated objectives and to address the problems of limited intra-SADC trade?" This thesis will argue that although the protocol has had some impact on intra-regional trade, some provisions contained within it remain a barrier to trade. The thesis will focus on how the SADC protocol on trade can address solve the problems of intra-SADC trade. It will be argued that certain provisions within the Protocol undermine the objectives of the protocol as outlined in Article 2. These provisions include but are not limited to the rules of origin, non-harmonization of external tariffs, derogations to the elimination of barriers in intra-SADC trade provisions found in Article 3, and inadequately tackling non-tariff measures. In examining the protocol, reference will be made to the similar provisions contained in the East African Community (EAC).
  • Thumbnail Image
    Item
    Open Access
    TDCA and SADC EPA : facilitation of market growth and integration or decline within SACU? : a critical analysis
    (2014) Qhobela, Mabela Cynthia; Nkomo, Marumo
    Ever since African states gained their respective independences, regional integration has been at the highest realm of their goals. The states have since seen it as a solution to their slow growing economies and as a means of poverty reduction.1 It has been a very slow but enormous progression on the part of Southern African countries since the establishment of the Southern African Customs Union (SACU) in 1910. These states developed and are still continuing to develop promising approaches to trade negotiations in both multilateral and regional economic negotiations 2 and agreements they have with the European Union (EU) such as the Southern African Development Community Economic Partnership Agreement (SADC EPA) and South Africa with the Trade, Development and Cooperation Agreement (TDCA) it has with the EU. SACU took it upon itself to bring into existence a common external tariff but the TDCA has proved to not take into account the concerns of the other SACU members namely Botswana, Lesotho, Namibia and Swaziland (BLNS).3 The promotion of trade is mainly boosted by developed countries trading with developed and least developed countries extensively than it is by developing and least developed countries trading with their respective counterparts.4 This means developing and LDCs do not become part of regional integration economic groupings to promote trade. This is one of the main reasons why the agreements that these states conclude with the EU should be concluded in a way that boosts trade without encroaching on other states for such to be attained.
  • Thumbnail Image
    Item
    Open Access
    A viable supranational court born from the experiences of the demise of the Southern African Development Community Tribunal
    (2016) Mchunu, Siphesihle; Nkomo, Marumo
    Does the effective disbandment of the SADC Tribunal and its mooted resurrection in a largely diminished capacity spell the end of any possibility of developing a supranational organ capable of adjudicating on disputes between SADC members, as well as disputes between natural persons and Member states as was originally envisioned in Article 15 of the Protocol on Tribunal & Rules Thereof ("the Protocol")? Background The basis of the research question stems from the effective disbandment of the SADC Tribunal arguably as a result of the Republic of Zimbabwe's controversial land redistribution program and the recent developments surrounding the SADC Tribunal following the redrafting of the Protocol ("the New Protocol") by the Ministers of Justice of each Member State. The disbandment in essence being as a result of the land reform program adopted by the Zimbabwean Government in 2000 which raised various issues both politically and socially, however it was the legal issues brought on by the litigation which ensued that caused the most debate. In Mike Campbell (Pvt) Ltd. and Others v. Republic of Zimbabwe (2008) SADCT 2/2007 ("the Campbell Case") the SADC Tribunal held that the Zimbabwean Government should pay the applicants fair compensation for their expropriated land, take all necessary measures to protect the possession, occupation, and ownership of the land and ensure that no action was taken to evict the farmers or interfere with their peaceful residence of their properties. Subsequent to the SADC Tribunal's finding as mentioned above, the applicants sought to have the SADC Tribunals rulings registered as an order of court in Zimbabwe in Gramara (Pvt) Ltd v. Government of the Republic of Zimbabwe (HC 33/09) [2010] ZWHHC [Harare High Court] which was dismissed by Zimbabwe's High Court. There is no doubt that the SADC Tribunals ruling in the Campbell Case and the prospective ramifications a ruling of that nature could have on each SADC states government policy reverberated through the office walls of each head of state. The Ruling showcasing perhaps a lack of appreciation with regards to what far reaching implications of subordinating a measure of sovereignty to a supranational body could have on government policy. In any case, subsequent to the Tribunals ruling in the Campbell Case followed an onslaught by the government of Zimbabwe regarding the Tribunals jurisdiction and its impartiality, all in an attempt to deligitimatise the institution. This onslaught succeeded in having the Tribunal disbanded, however in the wake of this a new Tribunal has been mooted to take its place. A New Protocol is currently being debated amongst regional leaders. The developments surrounding the SADC Tribunal following the signature of the New Protocol by 9 heads of state, is of concern considering the fact that Articles 14 and 35 of the New Protocol substantially moderate the jurisdiction and applicable law of the SADC Tribunal. The legal text in its current format is likely to vastly diminish the effectiveness of the SADC Tribunal reducing it to nothing more than a paper tiger. The research this paper intends on focusing on shall be with regards to what lessons can be learnt from the disbandment of the SADC tribunal by the SADC member states, with a view to establishing a supranational organism capable of adjudicating conflicts between member states whilst being cognizant of member states undertakings to observe human rights. Whilst also looking at the weaknesses of the old Tribunal, insofar as transposing a Eurocentric model into Africa , which has conditions not ideal for such a model.