The Trust

The Trust

The Trust is not for gain and virtually all of its resources and energies are focused on the publication and distribution of the SADC Law Journal and the dissemination of the contents thereof.

The SADC Tribunal, with its seat in Windhoek (Namibia), plays an  important role in the interpretation and application of SADC Law.  The realationship between municipal law and international law (in this case the SADC instruments) is a complex one in any given state.  Therefore, the Tribunal has the task of harmonizing these (sometimes conflicting) interests when issues are brought before it.  The decisions of the Tribunal offers a good opportunity for academic discourse on its decisions.  However, the focus of the Journal is wider than just the decisions of the Tribunal and additionally focuses generally on the development of regional integration in SADC.

To achieve these ends, a Deed of Trust was settled in which the SADC Law Journal Trust was established to initiate, supervise and administer the publication of the SADC Law Journal. The responsibilities of the Trust are discharged within the four corners of the Deed of Trust.

The Board of Trustees consists of three trustees: one each representing the interests of the Judiciary (The SADC Tribunal), legal practitioners and academic scholars, all hailing from different parts of the SADC region.

Although property acquired by the Trust are being held nominally in the names of the trustees for the time being, they form part of the Trust’s assets and funds and are managed and controlled by the trustees subject to the Trust Deed.  The trustees derive no benefit from those assets.

The Trust has been registered with the Master of the High Court under the Trust Monies Protection Act, 1934 and, although the trustees have not been called upon to furnish security in terms of section 3(1) of that Act, the Trust is obliged to keep proper books of account and to appoint a registered accountant or auditor to ensure that the books of Trust are being kept in accordance with generally accepted accounting practices and that financial statements are compiled and reported on for each financial year.  The Trust is subject to the provisions of the Trust Monies Protection Act, 1934 and its income or assets may not be distributed or accrued to or be applied for the benefit of a natural person or organisation other than as part of accomplishing the Trust’s charitable purposes; as remuneration for services rendered or as a payment representing the fair market value of assets purchased by it.