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Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) (2012) ZASCA 122

Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of... I. INTRODUCTION The Southern Africa Development Community Tribunal (SADC Tribunal) was formed in terms of article 2 of the Protocol on Tribunal and Rules of Procedure thereof (SADC Protocol on the Tribunal) 1 to ensure adherence to and proper interpretation of the Treaty of the Southern African Development Community2 (SADC Treaty) and its subsidiary instruments, and to adjudicate disputes referred to it.3 In terms of the provisions of article 16(5) of the SADC Treaty and article 32(3) of the SADC Protocol on the Tribunal, the decisions of the SADC Tribunal are final and binding to the parties in dispute. The SADC Tribunal has issued various judgments against the Republic of Zimbabwe (Zimbabwe);4 however, there has been no compliance with its decisions by Zimbabwe. Frustrated by unsuccessful efforts to register and enforce the rulings of the SADC Tribunal before the domestic courts of Zimbabwe,5 the LLM in International Human Rights Law (University of Notre Dame, USA), LLB(Hons) & Dip. in Human Rights (North West University, Mafikeng). Former Law Clerk, Constitutional Court of South Africa, Advocate of the High Court of South Africa, Senior Lecturer and LLD Candidate, Department of Jurisprudence, College of Law, University of South Africa. This paper http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Legal Status of International Law in South Africa's Municipal Law: Government of the Republic of Zimbabwe v Fick and Others (657/11) (2012) ZASCA 122

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2014
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2014.0100
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION The Southern Africa Development Community Tribunal (SADC Tribunal) was formed in terms of article 2 of the Protocol on Tribunal and Rules of Procedure thereof (SADC Protocol on the Tribunal) 1 to ensure adherence to and proper interpretation of the Treaty of the Southern African Development Community2 (SADC Treaty) and its subsidiary instruments, and to adjudicate disputes referred to it.3 In terms of the provisions of article 16(5) of the SADC Treaty and article 32(3) of the SADC Protocol on the Tribunal, the decisions of the SADC Tribunal are final and binding to the parties in dispute. The SADC Tribunal has issued various judgments against the Republic of Zimbabwe (Zimbabwe);4 however, there has been no compliance with its decisions by Zimbabwe. Frustrated by unsuccessful efforts to register and enforce the rulings of the SADC Tribunal before the domestic courts of Zimbabwe,5 the LLM in International Human Rights Law (University of Notre Dame, USA), LLB(Hons) & Dip. in Human Rights (North West University, Mafikeng). Former Law Clerk, Constitutional Court of South Africa, Advocate of the High Court of South Africa, Senior Lecturer and LLD Candidate, Department of Jurisprudence, College of Law, University of South Africa. This paper

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Oct 1, 2014

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