By Moses Magadza

The SADC Parliamentary Forum has formally launched the process to develop a new SADC Model Law on Constitutionalism and the Rule of Law, with regional stakeholders convening in Johannesburg, South Africa, for a consultative meeting aimed at shaping the proposed soft law.

A Stakeholders’ Consultative Meeting, held from 22 to 23 April 2026, brought together parliamentarians, constitutional experts, jurists, civil society representatives, electoral practitioners and development partners to begin deliberations on the content and priorities of the proposed Model Law.

Opening the meeting, Secretary General Ms Boemo Sekgoma said the initiative emerged from a growing recognition within the Forum that all thematic laws and democratic frameworks ultimately depend on adherence to the rule of law.

“At the Forum, we have over the years adopted a Bill of Rights which has included Model Laws on thematic themes such as HIV and AIDS, eradicating child marriage and protecting children already in marriages, elections, GBV and recently Public Financial Management,” she said.

She added, “However, along the way, the Forum’s Standing Committees also came up with the realisation that thematic Model Laws are all grounded on one unique aspect which constitutes the bedrock of compliance with legal norms, which is the Rule of Law.”

Ms Sekgoma described the rule of law as “the golden thread which gives laws their true status as legal norms that are adhered to universally, by all and for all.”

She warned that where laws are not respected, societies risk descending into instability and arbitrary rule.

“More often than not, in a situation where rules are not adhered to, it would be the most powerful person or nation that would prevail,” she said.

She added that the rule of law guarantees equality, non-discrimination and peaceful resolution of disputes through legal avenues rather than violence.

The Secretary General stressed that the proposed Model Law would seek to strengthen democratic institutions capable of resolving conflicts lawfully and peacefully, particularly during times of crisis.

“In this context, the Model Law will envisage provisions to ensure that democratic institutions such as Parliament or the judiciary stay alive in times of crises to resolve conflicts through peaceful means but according to a defined process enunciated by law,” she said.

The SG further explained that the inclusion of constitutionalism in the proposed law reflected the importance of constitutional supremacy within democratic governance systems.

“It is often said that the pinnacle of the rule of law is a robust Constitution,” she noted.

“Any law which is framed but which is inconsistent with the constitution will, to the extent of its inconsistency, be null and void,” she stated.

She added that constitutionalism ensured that even legislatures themselves operated within the confines of constitutional order, with constitutional courts playing a critical oversight role.

The Secretary General also outlined the roadmap for developing the Model Law and noted that the consultative meeting marked only the first stage of an extensive and inclusive process.

“The consultative phase is the first step, which is to be followed by a Policy Paper that will be presented to stakeholders and MPs in view of garnering general acceptance and inclusiveness,” she explained.

She said the drafting process would later involve technical experts, regional consultations and broad engagement with representatives from all three arms of the state; the Legislature, Executive and Judiciary, as well as legal practitioners, human rights institutions, police services and civil society organisations.

“The consultation process is the linchpin for the SADC-wide inclusiveness and acceptance of the Model Law,” she said.

Ms Sekgoma urged participants to approach the process with openness and ambition.

“You are here to create history, to develop a Model Law which aspires to make Southern Africa a better place, with democratic rules that are obeyed and can be enforced by reasonable means,” she told delegates.

Chairperson of the SADC PF Standing Committee on Democratisation, Governance and Human Rights, Hon Peter Dimba, said the proposed Model Law represented a “natural and logical progression” in the Forum’s longstanding work to strengthen democratic governance across the region.

Hon Dimba noted that the DGHR Committee had, over the years, spearheaded major normative instruments, including the Norms and Standards for Elections in the SADC Region (2001), the Benchmarks for Democratic Legislatures in Southern Africa (2012), the Benchmarks for Assessing Democratic Elections in the SADC Region (2013), and the SADC Model Law on Elections (2018).

“These are not abstract ideals, but practical foundations for peace, stability, sustainable development, and public confidence in democratic governance,” he said.

He explained that while the SADC Model Law on Elections focused primarily on electoral integrity, the new initiative would address the broader constitutional architecture underpinning democratic governance.

“It recognises that credible elections must be supported by strong constitutional frameworks, effective separation of powers, independent institutions, and a culture of legality anchored in the rule of law,” he said.

Hon Dimba reminded participants that the development of the Model Law had been mandated by the SADC PF Plenary Assembly during its 49th Session held in June 2021.

“The present consultation therefore forms an integral step in an inclusive and structured process approved by the Plenary Assembly, reinforcing the legitimacy, ownership, and institutional authority of the Model Law,” he said.

He further anchored the initiative within the provisions of the SADC Treaty, citing Article 4(c), which commits Member States to principles of “human rights, democracy and the rule of law,” as well as provisions promoting democratic institutions, accountability and citizen participation.

According to Hon Dimba, constitutionalism remains central to democratic legitimacy.

“Constitutionalism is the anchor of democratic legitimacy. It ensures that public authority is exercised within agreed limits, that institutions operate within clearly defined mandates, and that citizens enjoy protection of their rights under the law,” he said.

He acknowledged that while SADC Member States had made significant progress in democratic consolidation, several governance challenges persisted.

“These challenges include maintaining institutional balance among branches of government, safeguarding judicial independence, strengthening oversight institutions, promoting constitutional compliance, and ensuring meaningful citizen participation in governance processes,” he said.

Hon Dimba said the proposed Model Law would support Member Parliaments in strengthening constitutional supremacy, separation of powers, accountability mechanisms and the protection of fundamental rights, while also aligning national legal systems with regional governance standards.

He emphasised the importance of broad consultations in ensuring the legitimacy and practical relevance of the instrument.

“The legitimacy of any normative instrument is strengthened when it reflects diverse perspectives and practical experience,” he said.

“The participation of jurists, electoral bodies, constitutional experts, civil society organisations, academia, youth representatives, and other stakeholders ensures that the Model Law is both technically sound and responsive to the realities of our Member States,” he noted.

Hon Dimba called on participants to contribute actively and constructively to the drafting process.

“I encourage all participants to engage actively in the discussions, to share insights drawn from national experience, and to contribute constructively to shaping a Model Law that reflects both our regional aspirations and our collective responsibility to future generations,” he said.

Once finalised and adopted by the Plenary Assembly of the SADC Parliamentary Forum, the Model Law is expected to serve as a regional legislative guide to assist Member States in strengthening constitutional governance, democratic accountability and adherence to the rule of law across Southern Africa.

-Moses Magadza is the Media and Communications Manager at the SADC Parliamentary Forum.