Endnotes

Many people contributed to this monograph through extensive interviews and assistance in South Africa and within the region. Not all are acknowledged in the text, but I need to acknowledge the time and assistance of Mr Horst Brammer from the Department of Foreign Affairs and Dr Wayne Hendriks from the Department of Defence and thank them for their openness and assistance. The opinions and interpretations remain my own.
  1. D Lake & P Morgan, The new regionalism in security affairs, in D Lake & P Morgan (eds), Regional orders: Building security in a new world, Pennsylvania State University Press, Pennsylvania, 1997, p 6

  2. Membership in 1974 was composed of Tanzania, Zaïre and Zambia. In fact, the Mulungushi Club and the FLS nominally co-existed for several months. The FLS would subsequently exclude President Mobutu of Zaïre, although the reasons for this realignment are not clear. A Omari, The rise and decline of the Front Line States (FLS) alliance in Southern Africa: 1975-1995, unpublished manuscript, 1999, pp 62 and 79

  3. PAFMECA existed from 1958 to early 1962 while PAFMECSA is the same organisation in the period thereafter until its demise in 1963. PAFMECA was established at a conference in Mwanza, Tanganyika in September 1958. See ibid, pp 66, 64, and footnote 6.

  4. Ibid, p 69.

  5. CECAC membership grew from twelve in 1966 to seventeen in 1974. Ibid, pp 70 and 74.

  6. Ibid, p 75.

  7. Ibid.

  8. Ibid, p 78.

  9. The FLS did not have a basic legal instrument and therefore no formal status in international law. Ibid, p 12.

  10. Ibid, p 1.

  11. Ibid, p 89.

  12. Ibid, p 2.

  13. Ibid, pp. 2-3.

  14. Ibid, p. 3.

  15. Declaration Treaty and Protocol of Southern African Development Community, Gaborone, 1995, pp 2 and 5.

  16. P Dube, Historic SADC summit in SA, Sowetan, 25 August 1995.

  17. See <www.sadc.int/overview/history.htm>, 19 September 1999.

  18. Article 4.

  19. Others would include the SADC Electoral Forum, Association of SADC National Chambers of Commerce and Industry (ASNCCI) and the SADC Lawyers Association. The Forum was established in Windhoek on 20 October 1993. Article 4 of the Forum’s Constitution seeks to establish the Forum as an integral institution within the structure of SADC. It consists of a plenary assembly, executive committee, secretariat and standing committees. An important objective of the Forum is the promotion of human rights and democracy in the SADC region. As such, it is the only part of SADC to provide more than lip service to the pursuit of the human rights commitments evident within the SADC Treaty.

  20. Article 10(4).
  21. Article 11(1).
  22. Article 13(2).
  23. Article 14 and 15.
  24. Article 16.
  25. O R W Mokou, SADC: Legal co-operation and intelligence, draft, presentation to the Intelligence Academy, undated, p 2.
  26. Article 33(1).
  27. The SADC Summit agreed to the establishment of the SADC Mine Actions Programme. A Landmine Safety Database is to be established and regional co-ordinated training must focus on training the trainers of mine action managers. According to Makou, the Mine Action Programme will organise, with the assistance of a specialised consultant, a workshop on the treatment, rehabilitation and integration of mine victims with the purpose to elaborate a realistic regional action plan for victim assistance. Mokou, op cit, p 4.
  28. Ibid.
  29. Ibid.
  30. Following the signature of a US $2 million agreement to fund activities identified at the SADC-US Forum that took place in Gaborone in April 1998, the US Government agreed to fund the relevant trade development, assessment of the impact of HIV/AIDS on sectoral development and regional environmental management. In terms of the agreement, the US would fund a trade advisor to provide on-site analysis and policy advice to the Secretariat in the implementation of the trade protocol. A second expert will be provided to analyse the trade and revenue implications of implementing the proposed SADC Free Trade Area. See, SADC, US sign $2 million agreement, SADC information unit, 30 September 1999.
  31. Articles 18 and 19.
  32. In fact, the Victoria Falls meeting of August 1998 was only attended by the ministers of Defence of Zimbabwe, the DRC, Namibia and Angola, and not by any heads of state. Technically, this meeting could therefore qualify as a meeting of the Defence Subcommittee of the ISDSC, albeit without a quorum. South Africa’s subsequent objections emphasised the fact that its deputy high commissioner from Harare had attended and that his reservations and that of the High Commissioner of Botswana were not noted. Subsequently, the emergency Defence Summit in Pretoria on 23 August 1998 did not include presidents Mugabe and Dos Santos.
  33. The protocol itself was signed during a Maseru Summit meeting by all the SADC countries, except Angola, on 24 August 1996.
  34. Protocol on Combating Illicit Drug Trafficking, SADC Region, Article 2; quoted in SAIIA, The illegal drug trade in Southern Africa: International dimensions to a local crisis, South African Institute of International Affairs, Johannesburg, March 1998, p 176.
  35. B Steyn, Interview, SA Department of Foreign Affairs, 13 October 1999.
  36. The Berlin conference itself followed a conference in South Africa funded by the UNODCCP on combating corruption earlier that same year. At the time of the Berlin conference, Germany was chairing the EU. The German-led EU initiative was followed by one by Spain in Mmabatho in the latter part of 1995 at which time an assessment of the regional drugs problem, as well as a proposed protocol were tabled. Ibid.
  37. F Msutu & E Hillary, Interviews, South Africa, 9 September 1999.
  38. See, for example, the comments on the situation in Zimbabwe in 1998 by Simon Baynham in his chapter on Southern Africa’s role, in SAIIA, op cit, p 113.
  39. Final communiqué of the 1998 SADC Summit of Heads of State and Government, 14 September 1998, Grand Baie, Republic of Mauritius, paragraph 28.
  40. From A Pahad, South Africa and preventive diplomacy, paper read at an IDP/SAIIA conference, on South Africa and Peace-keeping in Africa, Johannesburg, 13-14 July 1995, p 4.
  41. Ibid, pp 4-5.
  42. Remarks by Minister Alfred Nzo, Foreign Affairs budget vote, National Assembly, Cape Town, 18 May 1995, p 6.
  43. S Brammer, Mugabe is a spanner in the works, Mail & Guardian, Johannesburg, 25-31 August 1995.
  44. Omari, op cit., p 183.
  45. SADC Summit Communiqué, 28 August 1995, Johannesburg, p 3.
  46. SADC, SADC ministers meet in Gaborone, press release, SADC Secretariat, 19 January 1996.
  47. Ibid.
  48. Communiqué, Summit of Heads of State or Governments of the Southern African Development Community, 28 June 1996, paragraph 1. According to W Tapfumaneyi in The SADC Organ on Politics, Defence and Security: Interpreting the decision of the Maputo 1997 SADC Summit, unpublished paper, October 1999, p 4, South Africa had registered its reservations regarding the structure of the Organ and its relationship with the rest of SADC.
  49. Communiqué, 28 June 1996, ibid, paragraph 4.1.
  50. The right of a state to call upon others to come to its aid if threatened by military invasion is generally recognised in international law.
  51. Communiqué, 28 June 1996, op cit, paragraph 4.3.1.
  52. On this issue see, for example, the legal opinion that the SADC subdirectorate within the Department of Foreign Affairs obtained from the Office of the Chief State Law Advisor (international law), 10 October 1996.
  53. Communiqué, 28 June 1996, op cit.
  54. Ibid, paragraph 4.2.1.
  55. Ibid, paragraph 4.2.1(g).
  56. Ibid, paragraph 4.2.1(l),
  57. Ibid, paragraph 4.3.
  58. On 9 May 1997, 25 June 1997 and 13-14 August 1997. H Brammer, Interview, 1 November 1999. Report of the working session of officials of the Kingdom of Eswatini, South Africa and Zimbabwe, in preparation of the forthcoming extraordinary ministerial conference on the SADC Organ on Politics, Defence and Security, Pretoria, 29 September-1 October 1999, paragraph 7.
  59. For South Africa, the Ministerial Meeting was attended by the minister of Foreign Affairs, the deputy minister of Defence, the deputy minister of Intelligence, the minister of Safety and Security and others. Brammer, ibid.
  60. Communiqué, 28 June 1996, op cit, paragraph 4.3(j).
  61. Protocol on Politics, Defence and Security in the Southern African Development Community (SADC) Region, Article 1(v).
  62. Ibid, Article 3.
  63. An alternative interpretation would be that this clause could have the effect of enlarging the ISDSC to include ministers of Foreign Affairs.
  64. Ibid, Article 5.2(l).
  65. The draft Protocol does state, in a subsequent clause, that "[p]unitive measures shall be undertaken only as a means of last resort after all possible diplomatic efforts to resolve the conflict has failed. The punitive measures shall be determined by the Organ on a case-by-case basis in accordance with the Charter of the United Nations, the Charter of the Organisation of African Unity and international law." Ibid, Article 5.4.
  66. Ibid, Article 5.3(iv).
  67. SADC Organ on Politics, Defence and Security, Structures and Operations, SADC/ORG/MC/ 150897.
  68. Tapfumaneyi, op cit, p 3.
  69. Brammer, 1 November 1999, op cit.
  70. PANA, 3 March 1998.
  71. Report on the Ministerial Meeting of the SADC Organ on Politics, Defence and Security, Maputo, Mozambique, 8 May 1998, paragraph 1.1.
  72. Ibid, paragraph 1.2.
  73. Ibid, paragraph 3.1(b).
  74. Ibid, paragraph 4.1.
  75. Ibid, paragraph 2.1.
  76. Ibid, paragraph 2.2.
  77. Ibid.
  78. Ibid, paragraph 3.1(a).
  79. Ibid, paragraph 3.1(c).
  80. Ibid, paragraph 3.1(d).
  81. Ibid, paragraph 3.1(e).
  82. See paragraph 19 of the Final Communiqué of the 1999 SADC Summit of Heads of State and Government, 17 to 18 August 1999.
  83. Ibid, paragraph 46.
  84. Tapfumaneyi, op cit, p 4.
  85. See, for example his remarks as quoted in SADC Defence Pact in place next year, Xinhua News Agency, Johannesburg, 30 August 1999.
  86. The idea of a defence pact is, of course, not new. According to Omari, there were at least two attempts to transform the ISDSC itself into a multilateral defence pact in 1976 and 1983. Omari, op cit, p 85.
  87. SADC defence chiefs to develop conflict protocol, Business Day, Johannesburg, 22 September 1999.
  88. Report of the working session of officials of the Kingdom of Eswatini, South Africa and Zimbabwe, in preparation of the forthcoming extraordinary ministerial conference on the SADC Organ on Politics, Defence and Security, Pretoria, 29 September-1 October 1999, paragraph 8.
  89. Ibid, paragraph 10.
  90. Ibid, paragraph 11.
  91. Ibid, paragraph 12.
  92. Communiqué, Extraordinary Ministerial Meeting of the Inter-State Defence and Security Committee and SADC Ministers for Foreign Affairs, 26-27 October 1999, Mbabane, Swaziland.
  93. Various interviews with officials
  94. Ibid.
  95. The first meeting of the ISDSC occurred in August 1975 and was attended by Mozambique, Tanzania and Zambia. Omari, op cit, p 89.
  96. Ibid, p 87.
  97. In October 1994, at the ISDSC meeting held in Arusha, Tanzania.
  98. SA Department of Foreign Affairs, The Inter-State Defence and Security Committee, undated background paper, p 1.
  99. Omari, op cit, p 88.
  100. SA Department of Foreign Affairs, ISDSC, op cit, pp 3-4.
  101. The co-ordinating countries for the Standing Maritime Sub-subcommittee are as follows: Maritime Search and Rescue — Angola; Combined Naval Force Support — Mozambique; and Hydrography — Tanzania. South Africa will retain the chair of the SMC until it is fully structured and functional.
  102. Previously called the Southern African Military Chaplains Association (SARMCA). All countries belonging to SADC are entitled to be members of SARMCA, although only Botswana, Namibia, Swaziland, South Africa, Zimbabwe, Malawi and Zambia had chaplaincy services at the beginning of 1999.
  103. Previously called the Military Medical Doctors Association.
  104. Report of the Operations Sub-subcommittee of the Defence Subcommittee of the 20th Session of the ISDSC that was hosted from 15-19 March 1999 in Mbabane, Swaziland,
  105. Report of the Defence Subcommittee of the 20th Session of the ISDSC that was hosted from 15- 19 March 1999 in Mbabane, Swaziland.
  106. This runs counter to Article 23 of the SADC Treaty, which states that the organisation will "seek to involve fully the peoples of the Region and Non-Government Organisations."
  107. Report of the Second Meeting of the Chiefs of Defence Staff of the Central Organ of the OAU Mechanism for Conflict Prevention, Management and Resolution, Harare, 22-25 October 1997, p 9.
  108. Ibid, p 12.
  109. IPA Seminar on Peacemaking and Peacekeeping Addis Ababa, 29 November-3 December 1998, International Peace Academy, New York, 1999, p 7. These points echo the content of the ECOWAS Mechanism established in December 1997.
  110. Ibid, p 7.
  111. 27-31 July 1999.
  112. The SADC regional Civpol course is presented by the Institute for Security Studies on an agency basis for SARPCCO.
  113. Report of the Defence Subcommittee of the 20th Session of the ISDSC, op cit.
  114. The South African White Paper on Defence states that "... the creation of a standing peacekeeping force in the region is neither desirable nor practically feasible. It is far more likely that the SADC countries will engage in ad-hoc peace support operations if the need arises. ... It may .. by worthwhile to establish a small peace support operations centre, under the auspices of regional defence structures, to develop and co-ordinate planning, training, logistics, communications and filed liaison teams for multi-national forces." DoD, South African White Paper on Defence, Department of Defence, Pretoria, May 1996, p 24.
  115. Approximately three to four officers should be present permanently, and eight to ten officers on a semi-permanent basis.
  116. This section is largely taken from M Chachiua, The Southern African Police Chiefs Co-operation Organisation (SARPCCO) and its joint operations 1995, unpublished paper presented at the ISS/Saferworld seminar held in Pretoria on 8-9 September 1999, pp 8-12. Additional comments were provided by Dr Philip Jacobs, Chief Manager: Legal Component, Detective Services, South African Police Service, and Virginia Gamba, Institute for Security Studies.
  117. The Interpol subregional bureau for Southern Africa commenced operations on 3 February 1997.
  118. Constitution of Interpol, Vienna, 1956, Article 1.
  119. Agreement in respect of co-operation and mutual assistance in the field of crime combating.
  120. Ibid, Article 2(b).
  121. The specific provision in the agreement for co-operation regarding illegal substances underlines the strange situation of having a separate SADC protocol on drugs.
  122. Agreement in respect of co-operation and mutual assistance in the field of crime combating, op cit, Article 4(4).
  123. The Seychelles attended the July 1999 Annual General Meeting of SARPCCO in Mbabane, Swaziland as observer.
  124. Agreement in respect of co-operation and mutual assistance in the field of crime combating, op cit, Article 3(1).
  125. Ibid, Articles 7(2) and 7(3).
  126. F Msutu, Interview, Commissioner, SARPCCO, Pretoria, 6 September 1999.
  127. The information in this section is contained in F J Msutu, Report to the 15th Interpol African Regional Conference, Cape Town, 8-14 April 1999.
  128. Operations Rachel were conducted in terms of the bilateral co-operation agreement between South Africa and Mozambique and was therefore not a SARPCCO operation.
  129. Adopted by the Council on 26 June 1997.
  130. Brussels, 17 December 1998.
  131. Paper read at the Institute for Security Studies, Pretoria, 8 September 1999, pp 4-5.
  132. As conveyed to the ISS by fax from the South African Department of Foreign Affairs, National Contact Point, 1 September 1999.
  133. See J Cilliers, Lesotho intervention wasn’t strictly legal, Sunday Independent, 4 October 1998.
  134. Agreement between the Government of the Republic of South Africa and the Kingdom of Lesotho concerning the status of armed forces in the Kingdom of Lesotho providing military assistance, signed on 17 September 1998, Article 2(1).
  135. Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho concerning the status of armed forces in the Kingdom of Lesotho providing assistance in the establishment of a sustainable training capacity within the Lesotho Defence Force, undated.
  136. This section is largely taken from M Chachiua, Records of weapons collection and destruction in Southern Africa: The Mozambican experience, African Security Review, 8(4), 1999, pp 67-70.
  137. Information obtained from with Dr Wayne Hendriks, South African Defence Secretariat, Pretoria.
  138. Ibid.
  139. Interview, 11 November 1999, Dakar.
  140. This section draws heavily on earlier proposals contained in M Malan & J Cilliers, SADC Organ on Politics, Defence and Security: Future Developments, ISS Papers, 19, March 1997, pp 4-8.
  141. Omari, op. cit., p 48.
  142. For example, according to DRC president Laurent Kabila speaking during a television interview in October 1999, recruits from the Seventh Commando Brigade was undergoing training "... by instructors from SADC ... at the Kamina military base in Katanga." See Kabila addresses ‘new army’, DR Congo television report, Nairobi, 29 October 1999.