KAS African Law Study Library (Jun 2023)

Legal Obligations within SADC to Strengthen Security on the Territory of its Member States

  • Balingene Kahombo

DOI
https://doi.org/10.5771/2363-6262-2023-1-113
Journal volume & issue
Vol. 10, no. 1
pp. 113 – 126

Abstract

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This paper examines legal obligations within SADC to strengthen security on the territory of its member states from two angles of analysis, that is, at the SADC and member states levels. In this regard, it highlights SADC security problems and mechanisms which are at its disposal to address them. The study then identifies those legal obligations that must be complied with for the sake of peace and security in southern Africa region and determines how they can be and are implemented in different member states facing insecurity problems. The analysis relies on a formal and comparative approach based on SADC legal instruments, other official documents and concrete cases, in combination with the perspective of international relations. The paper concludes that while SADC is a collective security system which possesses enough legal power and authority to deal with insecurity problems in southern Africa region, it faces several challenges to carry out its obligations and to guarantee the respect of obligations which its member states bear in the quest for peace. One of these challenges is financial dependance on external doners. Recommandations are made in order to improve SADC efficacy and success on the ground.