SADC Administrative Tribunal (SADCAT)

Establishment and Jurisdiction

SADC Administrative Tribunal (SADCAT) was established by a Resolution of the SADC Summit meeting held in Gaborone, Republic of Botswana, on 18 August 2015 pursuant to Article 9(2) and 10(6) of the SADC Treaty.  SADCAT has jurisdiction to hear and determine labour disputes between SADC Secretariat or any of its institutions, as an employer, and an employee. This includes a dispute relating to the contract of employment of a staff or to the terms of appointment of such staff member.  The Tribunal is headed by an elected Judge-President and Vice-President who are assisted by a Secretariat.

Applicable Laws:

In deciding any application or appeal, SADCAT shall apply the internal rules and regulations of the SADC Secretariat or SADC Institution, internal policies on human resources and generally recognized principles of international administrative law concerning the resolution of employment disputes of staff in International Organizations.

Composition of the SADCAT Tribunal

The Tribunal is an independent institution of SADC. It has a pool of seven Judges from SADC Member States who are appointed by the Council of Ministers upon recommendation from the Committee of Ministers of Justice/ Attorneys General. The Tribunal has two levels of administration of justice; the First Instance and the Appeals Panel. A First Instance Panel can constitute of one (1) or three (3) Judges whereas an Appeals Panel can only constitute of three (3) Judges.

Currently, the Tribunal comprises of the following Judges:
a. Judge President- Honourable Justice  Dr. Justice Sanji Mmasenono Monageng, a national of the Republic of Botswana.
b. Vice-President- Honourable Justice Dr Albano Macie a Judge Member of the Constitutional Council of Mozambique.
c. Honourable Justice Dr Adelino Fernando Costa Muhongo, a Judge at the Civil and Administrative Chamber of the Provincial Court of Luanda in the Republic of Angola.
d. Honourable Lady Justice Mumcy Mju Dlamini, a Judge of the High Court in Kingdom of Eswatini.
e. Honourable Lady Justice Gaitree Jugessur-Manna, a Judge at the Supreme Court of Republic of Mauritius.
f.  Honourable Lady Justice Latifa Mansoor, a Judge to the High Court of United Republic of Tanzania.
g. Honourable Justice Mr Rodgers Foroma Manyangadze serves as Judge in the High Court of Zimbabwe.

Secretariat

The Secretariat is headed by the Secretary, Dr. Kuda Tshiamo-Kgati,  a national of the Republic of Botswana.

Time Limit

There is generally a period of ninety (90) days from the date of a final decision or omission to file an application before SADCAT and forty-five (45) days from the date of a decision or finding by the First Instance Panel to file an appeal.

An appeal can only be entertained if the First Instance Panel has:
a. exceeded its jurisdiction or competence;
b. failed to exercise jurisdiction vested in the Panel;
c. erred on a question of law;
d.  committed an error in procedure affecting the decision of the case; or
e. erred on a question of fact, resulting in a manifestly unreasonable decision.

Representation and Language

A litigant can appear in person or be represented by a member of the SADC staff association or a lawyer practising in any one of the SADC Member State before both levels of SADCAT. An application can be filed in any one of SADC official languages.