By Moses Magadza

Acclaimed jurist and legal scholar Hon. Justice Professor Oagile Bethuel Key Dingake has urged the SADC Parliamentary Forum to ensure that the proposed SADC Model Law on Constitutionalism and the Rule of Law becomes a practical instrument for democratic accountability, not “another aspirational document gathering dust on institutional shelves.”

Delivering a paper at the stakeholders’ consultation on the development of the Model Law in Johannesburg, Professor Dingake said Southern Africa stood at “a defining crossroads” in its democratic evolution.

He said while the region had made historic progress since the end of colonialism and apartheid, the promise of constitutionalism and the rule of law remained “unevenly fulfilled.”

He noted that the Model Law offers SADC an opportunity to codify shared democratic standards across Member States, but its success will depend on strong implementation mechanisms, inclusive processes and political will.

“Constitutions are not self-executing documents,” he said and warned that even well-drafted constitutional provisions remain “inert words on paper” without mechanisms to monitor compliance and remedy violations.

Professor Dingake identified four major issues for consideration in the Model Law: constitutional compliance monitoring, institutional coordination, inclusive participation in governance, and alignment with regional governance standards.

He recommended that the Model Law provide for robust constitutional compliance monitoring frameworks to detect and prevent executive overreach, rights violations and institutional imbalance before they escalate into crises.

He also proposed a multi-institutional approach involving Parliaments, independent constitutional commissions, civil society and regional mechanisms.

Parliamentary oversight committees, he said, should be strengthened to conduct constitutional compliance audits, summon witnesses, access information and issue binding recommendations.

Professor Dingake also called for stronger independent institutions, including human rights commissions, anti-corruption agencies, ombudsman offices and electoral management bodies, with secure tenure, adequate resources and unfettered access to information.

At regional level, he recommended the establishment of a SADC Constitutional Compliance Committee composed of independent experts to conduct peer reviews and report findings to the SADC Summit.

Turning to institutional coordination, he warned that constitutional actors often operate in silos, creating policy incoherence, jurisdictional conflicts and accountability gaps.

He said the Model Law should promote cooperation among the executive, legislature, judiciary and independent constitutional bodies, while protecting their autonomy.

On public participation, Professor Dingake stressed that legitimacy depends on citizens being meaningfully consulted.

“In an open constitutional democracy, the rule of law principle is premised on participation and consultation,” he said.

He recommended enforceable standards for public participation in law-making, open parliamentary proceedings, accessible legislative documents, public hearings and stronger feedback mechanisms.

He also urged targeted measures to include women, youth and persons with disabilities in governance, including gender quotas, support for women candidates, youth participation mechanisms and disability-inclusive processes.

Professor Dingake said the Model Law should also protect civic space by safeguarding rights of association, assembly and expression.

On regional alignment, he said the Model Law must harmonise national constitutional standards with SADC commitments on democracy, elections, human rights and the rule of law.

He stated that the proposed Model Law could become “a landmark instrument” if it holds governments accountable, empowers citizens and advances the constitutional promise still unfulfilled for many people in Southern Africa.

Justice Dingake sits on the Supreme and National Courts of Papua New Guinea, Residual Special Court for Sierra Leone, and is Professor of Constitutional Theory at the University of San Beda in the Philippines. He holds a PhD in Law.

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