By Moses Magadza

An official from the SADC Parliamentary Forum (SADC PF) has said that the development of the Model Law on Constitutionalism and Rule of Law is anchored in a carefully structured, consultative and technically rigorous process designed to ensure impact at national level.

Mr Sheuneni Kurasha, the Director of Parliamentary Business and Programmes at SADC PF, said this last week when he addressed a stakeholders’ meeting in Johannesburg.

He outlined the Forum’s distinctive approach to law-making and stressed that model laws are practical tools crafted for domestication and implementation across Member States.

He explained that model laws are “soft instruments” that guide legislative reform and promote harmonisation without being legally binding.

“They bridge the gap between regional ambition and national legislative reality,” he noted and added that their flexibility allows countries to adapt regional standards to their own constitutional systems while preserving sovereignty.

Kurasha stressed that the SADC PF model law-making process follows a clear, phased pathway designed to build ownership and ensure quality outcomes.

The process begins with issue identification and initiation, typically triggered by recommendations from key organs such as the Executive Committee (EXCO), Standing Committees or specialised caucuses, and formalised through a resolution of the Plenary Assembly.

This is followed by an intensive drafting phase, which he described as the most technically demanding stage.

It involves multi-stakeholder consultations; appointment of technical working groups and legal drafters; research and development of policy papers; reviews by legal experts from national parliaments and ministries; and broad consultations with citizens and stakeholders.

“The process is designed so that by the time a model law is drafted, it already reflects diverse inputs and enjoys broad stakeholder ownership,” Kurasha said.

The approval stage then consolidates this work through validation by joint sittings of standing committees, endorsement by technical working groups, and adoption by the Plenary Assembly – the highest decision-making body of the SADC PF.

Kurasha stressed that the process does not end with adoption. A critical final phase focuses on domestication, monitoring and reporting, ensuring that Member States translate regional frameworks into national legislation.

“Adoption of a model law is only the beginning. The real measure of success is whether Member States domesticate and implement it,” he said.

He highlighted the role of parliamentary structures and national focal points in tracking progress and warned that without sustained follow-up, even well-crafted laws risk remaining “original documents rather than becoming national law.”

Drawing on over 15 years of experience during which SADC PF has developed five model laws, including on HIV and AIDS, child marriage, elections, gender-based violence and public financial management, Kurasha highlighted key lessons shaping the current process.

Among these, he said, partnerships are critical, noting that successful model laws rely on collaboration with technical experts, legal drafters and stakeholders. He also stressed the importance of timing. He explained that the process must align with national legislative cycles to maximise influence.

Equally important are policy papers, which help define scope and prevent inconsistencies, and early public engagement, which builds legitimacy and political momentum.

Kurasha summed up the SADC PF model law methodology as “consultative, technically rigorous and implementation-oriented,” requiring sustained institutional commitment at every stage.

“Quality consultation, correct timing, national ownership and rigorous follow-up are the decisive factors in whether a model law achieves real legislative impact,” he said.

As SADC PF advances work on the proposed Model Law on Constitutionalism and the Rule of Law, Kurasha who is also a lawyer by training, noted that the same disciplined process is being applied; from stakeholder consultations through to planned plenary adoption and eventual domestication.

“The immediate task,” he said, “is to translate regional principles into a practical, domestication-ready model law that strengthens constitutional frameworks and builds resilience against democratic backsliding across the region.”

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