SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) LAWYERS ASSOCIATION CONFERENCE AND ANNUAL GENERAL MEETING
WINDHOEK, NAMIBIA
The SADC Lawyers Association held their Conference and Annual General Meeting from the 16th -18th of June 2005, in Windhoek Namibia. At the conclusion of the Conference the participants adopted the following statement, to which representatives of the East African Bar Association present associated themselves:
Recalling paragraph 2 of the Preamble of the SADC LA Constitution that SADC Bar Associations and Law Societies share the same vision, beliefs and aspirations with regard to upholding the rule of Law, promoting the respect for human rights, especially the rights of women, people with disabilities and children, the development of their respective legal systems to ensure the proper administration of justice and generally to work towards the harmonization of their respective legal systems and to advance the interests of the members.
Stressing that the prime responsibility and duty to promote and protect human rights and fundamental freedoms in SADC states lie with the respective SADC governments,
Convinced that an independent and impartial judiciary and legal profession is an essential prerequisite to the protection of human rights and that implementation of all the other rights ultimately depends upon the proper administration of justice and upholding constitutionalism and the rule of law.
Reaffirming that public confidence in the judicial system and in the moral authority and integrity of the judiciary is of the utmost importance in a modern democratic society.
Noting that the African Charter on Human and Peoples Rights (article 26) imposes a duty on the state parties to the Charter to guarantee the independence of the courts and allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of human rights guaranteed by the Charter.
Noting the presence and the participation of the President of the East African Law Society and the importance of collaborating with similar Bar Associations and organisations
Reaffirming the importance of the universality, indivisibility, interrelatedness and interdependence of human rights
The Participants:
Expressed concern at the fact that a number of countries in the SADC region have been governed in a manner that has compromised the universality, indivisibility, interrelatedness and interdependence of human rights,
Expressed concern that the unsatisfactory conditions of employment of members of the judiciary in a number of countries compromise the independence of the judiciary and fair administration of justice,
Expressed concern at the lack of knowledge and awareness on the various laws relating to the constantly evolving areas of competition, e-commerce and internet law within SADC, and the need to protect client confidentiality,
Expressed concern that Law Societies and Bar Associations have not adequately developed a structured, systematic and accessible legal education, capacity building and training programme for continuous legal education of members of the legal profession in their jurisdictions,
Expressed concern at the systematic undermining of the judiciary and the rule of law in a number of countries, which has seriously compromised access to justice, in particular expressed concern at the ongoing forced evictions in Zimbabwe, taking place in the absence of due process and effective remedies for the affected persons,
Whilst acknowledging the obligations of the State to ensure adequate security of its people, expressed concern at the promulgation of repressive security and anti-money laundering legislation, which undermines the enjoyment of universally recognized human rights and fundamental freedoms,
Concerned at the legislative and administrative limitations within the SADC countries for lawyers to practice in SADC jurisdictions other than their own countries,
Whilst acknowledging the receipt of reports on Prison Visits in Namibia, South Africa and Zimbabwe, still concerned at the conditions of prisons and other places of detentions in the SADC region,
Concerned at the inadequate representation of women within the SADC LA structures,
The Participants resolved:
To encourage SADC judiciaries and facilitate them to develop a SADC Judicial Code of Conduct to ensure judicial independence and accountability,
To encouragethe individual Bar Associations and Law Societies and the SADC Lawyers Association to develop a structured, systematic and accessible legal education, capacity building and training programme for continuous legal education of members of the legal profession in their jurisdictions,
To hold more meetings on competition, e-commerce and internet laws, to work towards the harmonization of laws in this area and to encourage the upholding of legal ethics, client confidentiality and protection,
That SADC LA must address an urgent appeal to the SADC, AU, UN and government of Zimbabwe to intervene and take all necessary measures to stop the forced evictions and restore the rule of law,
That SADC countries must repeal, amend or refrain from promulgating repressive security and anti-money laundering legislation, which undermines the enjoyment of universally recognized human rights and fundamental freedoms,
That SADC LA and individual SADC Bar Associations and Law Societies lobby their governments to take appropriate legislative and administrative measures to allow lawyers to practice in SADC jurisdictions other than their own countries,
That SADC LA take measures to increase women’s representation and participation within SADC LA structures,
That representatives of SADC LA Bar Associations and Law Societies conduct simultaneous annual Prison Visits commencing on the 10th of December 2005 and produce reports on conditions in prisons and other places of detention,
To continue collaboration with the East African Bar Association and to participate in the creation of a continental Bar Association,
To strive for the advancement of the aims and objectives of the SADC LA at a continental level and, with a view to contributing to such achievement, to mandate the SADC LA executive to officially represent the SADC LA in networking, lobby and advocacy, and the adoption of official positions on behalf of SADC LA in these fora, in order to build necessary synergies and networks with Law Societies, Bar Associations, and other associations of lawyers within the continent.
Thus done at Windhoek, Namibia this 18th Day of June 2005