The Court comp osed of: Sophia A.B. AKUFFO, President; Fatsah
OUGUERGOUZ, Vice-president; Gerard NIYUNGEKO ; Bernard M.
NGOEPE, Augustine S.L. RAMADHANI , Duncan TAMBALA, Elsie N
THOMPSON , Sylvain ORE, El Hadj1 GUISSE, Ben KIOKO , and
Kimelabalou ABA- Judges; and Robert ENO- Registrar,
In the Matter of a
REQU EST FOR ADVISOR Y OPINION
PAN AFRICA N LAWYE RS' UNION AND SOUTHERN AFRIC AN LITIGATION
CENTER
After deliberations,
makes the following Order
1 By letter dated 23 November, 2012 and rece1ved at the Regrstry of the Court on
the same day, the Pan African Lawyers' Union and the Southern African
Litrgatron Center (hereinafter referred to as 'the Authors '), requested the Court for
an advisory opin1on
2 In their request , the Authors requested the Court to give 1ts opinion on. "(a)
whethe r the dec1s1on of the Southern African Development Community (SADC)
of
Summi t of Heads of State to suspend the Tribunal and termmate the term
off1ce of duly elected Judges is consistent with the African Charter on Human and
Peoples' Rights (the Charter) , the Protocol on the relat1ons between the AU and
RECs, the Treaty Establishing the African Economic Community, the SADC
r
Treaty the SADC Protocol and general principles on the rule of law; (b) whethe
the decision violates rnst1tut1onal independence of the SADC Tnbunal and the
personal independence of its Judges as provided for under Article 26 of the
Afncan Charter , the UN Pnnc1ples on the Independence of the Jud1c1ary and
2