03 September 2010

Tribunal

The 2002 SACU Agreement makes provision for the establishment of an ad hoc Tribunal, which reports directly to the Council.

The Tribunal will be assisted by the Secretariat in its work and it will be composed of three members except as otherwise determined by Council. Decisions will be made by a majority vote.

It will adjudicate on any issue concerning the application or interpretation of the 2002 SACU Agreement or any dispute arising there under at the request of the Council. Its determinations will be final and binding. The Tribunal will also, at the request of the Council, consider any issue and furnish the Council with its recommendations.

In the event of any dispute or difference arising between Member States in relation to or arising out of the 2002 SACU Agreement, including its interpretation, the parties shall in the first instance meet and consult in an attempt to settle such dispute or difference before referring the matter to the Tribunal.