Statement by SADC Lawyers Association

Monday 14th January 2008
Mr. Sternford Moyo President,
Southern African Development Community Lawyers' Association Harare, ZIMBABWE

Dear Sternford,

Thank you very much for the SADC LA Statement, which, I am sure, the people of Kenya and Eastern Africa will appreciate. It offers much needed solidarity in these trying times. I will ensure that I circulate it widely within the region's media and legal and human rights fraternity.

The AU Summit meets starting next week in Addis Ababa. In our view, it is imperative that the African States/ Governments: -

1) Continue with their laudable first step of refusing to acknowledge the announced, contentious elections results or congratulate the (illegally)
declared President of Kenya.

2) Ensure that they do NOT allow the (illegal) government of Kenya to participate, in any way, at the said AU meeting.

3) Take the next step, as provided for by the Constitutive Act of the African Union, to suspend a government that has assumed power through violation of its own Constitution and laws. A civilian coup, just like a military coup, is still a coup and therefore a violation of the country's Constitution as well as its obligations under international law.

Such action by African governments is not new. Both ECOWAS and the AU acted resolutely in the case of Togo, when the younger Eyadema attempted to unconstitutionally ascend to the Presidency upon the death of his father. We rely on SADC LA and all other proactive African civil society to push this agenda at the AU Summit. We have faith that African civil society can again be as resolute, dynamic and effective as they were when, in previous AU pre-Summit campaigns, they successfully pushed for a Special Court to try Hissen Habre and also successfully opposed the AU Chairmanship candidature of President Omar el Bashir of Sudan.

Inevitably for us in Africa, Aluta Continua!

Yours Sincerely,

Don Deya