Assessing the Role of the Southern African Development Community (SADC) Tribunal in Environmental and Human Rights Protection in Southern Africa

The main objective of this study is to examine the role of the Southern African Development Community (SADC) Tribunal in the protection of environmental and other human rights in the region. The SADC Tribunal is one of the prominent sub-regional courts in the continent of Africa established under the SADC Treaty, which came into force in 1993. One of the mandates of the Tribunal is to ensure appropriate interpretation of the provisions of the Treaty and other subsidiary instruments and the resolution of disputes arising therefrom. The Tribunal’s mandate extends to the settlement of environmental and other disputes involving the member states of the region or private individuals. Unfortunately, the Tribunal has not delivered a significant environmental judgment to date due to its early suspension, but it has delivered human rights judgments that are germane to environmental protection. Environmental right is a human right recognized under international human rights laws. The implication is that individuals or member states of SADC who are victims of environmental harm can approach the Tribunal for remedies. The paper adopted the doctrinal method of research, which encompasses both the primary and secondary sources. Primary sources include the legal framework and the relevant court judgments, while secondary sources include the books and articles written by scholars in this field of law. All the authorities consulted are well acknowledged. At the end, the paper portrayed in clear terms the challenges facing the Tribunal and canvassed for imperative, clear-cut solutions to enable the Tribunal to deliver on its mandate.