Abstract:
Following the controversy that accompanied Zimbabwe’s declaration that it
would not comply with the decision of the SADC Tribunal against it in the
Campbell case and the refusal of the Zimbabwean municipal courts to implement
the decisions of the SADC Tribunal, the Tribunal faces threats to its
existence. While some of those threats are external, others are located within
the founding instruments of the Tribunal. Specifically, certain ambiguities
in some provisions have been raised to challenge the legality, competence
and legitimacy of the SADC Tribunal. This article examines the concept of
ambiguity in international legal drafting and analyses the relevant instruments
of the SADC Tribunal. The article takes the view that most of the
ambiguities currently found in the relevant instruments are not fatal.However,
it stresses the need for Treaty amendments to address them in order to
prevent future disruptive challenges to the Tribunal’s existence.
