Chapter 13

1. Member States shall have primary responsibility for implementing the provisions of this Protocol and shall take all necessary measures to give effect to such provisions, including their observance, by subsidiary levels of government.

2. Member States shall encourage all relevant public and private sector service providers, regulators and other stakeholders to comply with the provisions of this Protocol.

3. Regional impetus to implementation and monitoring shall be facilitated through the collective participation of Member States within the SATCC and regional bodies as contemplated in Article 13. 13.

1. Member States shall continuously review the subject matter of this Protocol and, to this end, identify new areas of co-operation.

2. Member States shall dynamically expand their co-operation and, where necessary, update the provisions of this Protocol by amending existing provisions or including new provisions which reflect their deepening co-operation and expanding consensus.

3. Member States shall, in particular, identify and develop new annexes which include relevant technical and implementation decisions based on provisions of this Protocol, which annexes shall form an integral part of this Protocol in the manner contemplated in Article 14.5 of this Protocol.

4. Member States shall progressively implement the provisions of this Protocol in a phased manner, having due regard to the implementation capacity of individual Member States.

5. Nothing in this Protocol shall be construed as preventing one or more individual Member States, between themselves, to undertake the speedier implementation of the provisions of this Protocol and due cognizance shall be given to this option in the preparation of applicable implementation strategies contemplated in Article 13.7, paragraph 4 of this Protocol.

1. The Member States hereby confirm that the SATCC is the commission which has been constituted for the transport, communications and meteorology sectors, contemplated in Article 12 of the Treaty.

2. The SATCC shall comprise of -

a) a Committee of Ministers which shall be the supreme body of the SATCC and provide overall guidance and general coordination for the preparation and the implementation of a regional policy agenda and development strategies in the transport, communications and meteorology sectors;
b) a Committee of Senior Officials which shall report to the Committee of Ministers and serve as nodal point to guide and co-ordinate the sectoral and sub-sectoral implementation strategies and sustain their implementation within the parameters of the regional policy agenda;
c) sub-sectoral committees with their specialised working groups which shall report to the Committee of Senior Officials and shall programme and facilitate detailed implementation of sectoral and sub-sectoral strategies, evaluate performance, survey results and identify strengths and weaknesses assisted by regional bodies acting in a consultative capacity;
d) a technical unit, the SATCCTU; and
e) such other committees or regional bodies as may from time to time be established and approved for incorporation into the SATCC by the Committee of Ministers.

3. The SATCC shall be responsible to the Council contemplated in Article 11 of the Treaty.

4. The SATCC shall work closely with the Secretariat in the execution of its functions contemplated in Article 12 of the Treaty.

5. The SATCC-TU shall be responsible for the necessary co-operation and liaison between the SATCC and the Secretariat by providing such information and documentation regarding the implementation of this Protocol as may be requested from time to time by the Secretariat.

1. The members of the Committee of Ministers shall be the Ministers responsible for transport, communications and meteorology portfolios.

2. The Committee of Ministers shall meet at least once per year.

3. The Committee of Ministers shall be chaired by the nominated Minister representing the country responsible for coordinating the transport, communications and meteorology sectors.

4. The functions of the Committee of Ministers shall include -

a) overall assessment of the adequacy of the transport, communications and meteorology networks to support economic growth and development in the Region:

b) adopting a regional transport, communications and meteorology sector policy agenda and development strategies;

c) considering and approving amendments to the agenda and strategies affecting matters of principle;

d) providing policy guidance in response to matters referred to it by the Committee of Senior Officials;

e) considering and approving the annual budget recommended by the Committee of Senior Officials for submission to the Council in the manner contemplated in Article 12 of the Treaty;

f) approving implementation strategies co-ordinated and developed by the Committee of Senior Officials and sub-sectoral committees;

g) considering and approving of the sectoral Annual Report for submission to the Council;

h) submitting proposals to the Council for the amendment of the provisions of this Protocol; and

i) approving new or amending existing annexes to this Protocol.

1. The members of the Committee of Senior Officials shall be the Permanent or Principal Secretaries, Secretaries, Directors-General, National Directors or officers of equivalent rank responsible for transport, communications and meteorology portfolios.

2. The Committee of Senior Officials shall meet at least twice per year.

3. The Committee of Senior Officials shall be chaired by the nominated official representing the country responsible for coordinating the sector.

4. The functions of the Committee of Senior Officials shall include -

a) reviewing existing policies and recommending a regional policy agenda and development strategies and monitoring the implementation thereof by the sub-sectoral committees contemplated in Article 13.6 of this Protocol;

b) assessing the requirements of and the need for the updating and amendment of the regional policy agenda and development strategies;

c) co-ordinating and considering the implementation strategies developed by the sub-sectoral committees and monitoring their implementation;

d) considering the annual budget to the Committee of Ministers in the manner contemplated in Article 12 of the Treaty;

e) generally reviewing and coordinating the activities of the sub-sectoral committees;

f) reviewing the functioning of the SATCC-TU;

g) considering the need for an amendment to this Protocol, a new annex or an amendment to an annex to this Protocol; and

h) performing such other functions as may be determined by the Committee of Ministers.

5. For the purposes of the execution of its functions, the Committee of Senior Officials shall report to the Committee of Ministers on progress achieved in realising the objectives of this Protocol and formulate recommendations for approval by the Committee of Ministers.

1. The sub-sectoral committees are -

a) Integrated Transport Committee;
b) Roads, Road Transport and Road Traffic Committee;
c) Railways Committee;
d) Civil Aviation Committee;
e) Maritime and Inland Waterway Transport Committee;
f) Telecommunications Committee;
g) Postal Services Committee; and
h) Meteorology Committee.

2. The sub-sectoral committees shall comprise -

a) senior officials and technical experts responsible for policy development and technical co- ordination in the sub-sector concerned; and
b) consultative members representing public and private sector interests representative of service providers, users, regulators, labour and other stakeholders.

3. Member States shall annually in writing confirm appointments to the sub-sectoral committees to provide for continuity and consistency in group membership and appropriation of policies, decisions and implementation strategies. Member States shall appoint officials to committees for minimum periods of two years.

4. A sub-sectoral committee shall be chaired by a nominated official from the Member State which hosts the meeting of such committee.

5. A regional body contemplated in Article 13.13 of this Protocol may approach the appropriate sub-sectoral committee through the SATCC-TU to obtain consultative membership.

6. A sub-sectoral committee shall duly consider an application for consultative status by a regional body and may grant or refuse such application on the basis contemplated in paragraph 7.

7. Consultative membership may be granted to a regional body -

a) having the authority to represent its members; and
b) with a regional membership, which may include members outside the Region.

8. A consultative member contemplated in paragraph 7 shall be encouraged to -

a) adopt a constitution;
b) establish headquarters and appoint an executive officer; and
c) provide a contact point to facilitate communication and liaison.

9. A consultative member shall be represented by one member: Provided that it may increase its membership of a sub-sectoral committee if justified by circumstances and subject to the prior approval of that sub-sectoral committee.

10. A consultative member shall participate in meetings of the sub-sectoral committees in a non- voting capacity in order to -

a) create an opportunity for a mutual exchange of views on issues of regional importance;
b) provide meetings with inputs in respect of their areas of activity;
c) be informed on progress with the implementation of this Protocol:
d) report on progress with implementation of this Protocol within their areas of responsibility;
e) generally report on their activities and be informed of the activities of sub-sectoral committees; and
f) contribute towards the process of monitoring implementation.

11. Sub-sectoral committees may invite individual technical experts to participate in meetings for a specific purpose.

12. Meetings of committees shall be structured to facilitate -

a) discussions between all members with a view to formulating joint recommendations to the Committee of Senior Officials; and
b) discussions between the members contemplated in paragraph 2(a) for the purpose of formulating intergovernmental positions in respect of inputs received from consultative members as well as other issues.

13. Members of sub-sectoral committees contemplated in paragraph 2(a) shall strive to formulate a joint response to recommendations received from consultative members for submission to and approval by the Committee of Senior Officials, indicating the nature of recommendations received and motivating where any deviation from such recommendations is proposed.

14. Sub-sectoral committees shall meet at such times and venues as is required for the effective execution of their functions.

1. Each sub-sectoral committee shall implement this Protocol within its area of responsibility by

a) undertaking comprehensive policy review to develop harmonised regional and national policies;
b) aligning policies, legislation and procedures with international rules and practices;
c) preparing broad-based implementation strategies aimed at meeting developmental needs and promoting economic growth falling within the parameters of the approved regional development and policy agenda;
d) considering the three-monthly progress reports regarding the implementation of this Protocol;
e) submitting a recommendation to the Committee of Senior Officials to amend an existing annex or to include a new annex to this Protocol; and

f) performing such other functions as may be determined by the Committee of Senior Officials.

2. Sub-sectoral committees shall conduct regional policy reviews in respect of their respective sub-sectors and develop proposals for a regional development and policy agenda for submission to the Committee of Senior Officials.

3. Sub-sectoral committees shall ensure compliance with international obligations by -

a) ensuring complementarily with the policy objectives formulated at international or continental level; and
b) developing common action programmes for the ratification of international agreements and the implementation of and co-ordinated compliance with appropriate international standards and practices.

4. Sub-sectoral committees shall formulate implementation strategies per sub-sector addressing -

a) legal reform measures by -

(i) collectively preparing technical drafting guidelines for legislation in those areas where consensus exists; and
(ii) synchronising legislative programmes to promote complementary implementation between Member States;

b) institutional capacity development and resource needs by -

(i) identifying institutional requirements, including persons and bodies responsible for individual implementation; and
(ii) setting out resource needs and identifying sources of resource provisioning on a regional basis;

c) co-ordinated time frames by -

(i) collectively prioritising matters for short-, medium- and long-term harmonisation;
(ii) setting time scales for the synchronised implementation of harmonisation measures and programmes;
(iii) considering the position of Member States with limited implementation capacity and identifying options for speedier implementation between two or more Member States enjoying greater capacity; and

(iv) setting interim and final time scales for the execution of processes, procedures and action steps;
d) information and communication requirements;

e) financial resource identification by assessing budgetary sources and fund allocations undertaking cost-benefit analyses and evaluating technical and institutional capacity to comply with international standards and recommended practices;

f) human resource development by -

(i) identifying opportunities for co-operation in the transfer of technology skills and expertise; and
(ii) identifying training needs, developing regional training standards and programmes and guidelines for accreditation of centres and standards of qualification in line with international standards and practices; and

g) key economic, financial, technical, operational and social performance indicators.

5. Sub-sectoral committees shall continually review implementation strategies to ensure compliance with the approved regional development and policy agenda and shall refer proposals to amend that agenda affecting matters of principle, to the Committee of Senior Officials.

6. For the purposes of the execution of their functions, the sub-sectoral committees shall report to the Committee of Senior Officials on progress achieved in realising the objectives of this Protocol and formulate recommendations for approval by the Committee of Senior Officials.

7. A sub-sectoral committee may establish a specialised working group or groups to assist in the execution of its functions.

1. Each Member State shall appoint a sub-sectoral coordinator and a deputy for the areas of responsibility of each sub-sectoral committee contemplated in Article 13.6 of this Protocol.

2. Each sub-sectoral coordinator shall, in respect of his or her area of responsibility, be responsible for -

a) promoting the achievement of the general objectives, strategic goals and sectoral objectives of the Protocol;
b) coordinating the national implementation of the Protocol within each sub-sector and identifying actions for the accelerated implementation of the Protocol; and
c) receiving inputs from national public and private sector stakeholders and canvassing the views of such stakeholders regarding any matter dealt with in the Protocol.

3. Each Member State shall nominate one sub-sectoral coordinator as national coordinator to assume overall responsibility within its administration in respect of the transport, communication and meteorology sectors. Such national coordinator shall -

a) ensure cross-sectoral coordination of implementation strategies within each Member State;
b) be responsible for compiling and submitting the three-monthly progress reports to the SATCC-TU contemplated in Article 13.12, paragraph (d) of this Protocol. Such progress reports shall, amongst others, detail -

(i) compliance with agreed implementation targets and outputs;
(ii) adherence by a Member State to time frames for implementation;
(iii) factors which are constraining or hindering or are expected to constrain or hinder Member States in meeting implementation obligations; and
(iv) lessons learnt from implementation experiences which could provide pointers to other Member States in the progress of implementation;

c) liaise with the SATCC-TU and attend meetings with the latter to discuss the implementation of the Protocol;
d) facilitate information exchange between national, public and private sector stakeholders and between the SATCC-TU and the Member State concerned, where possible, using state-of-the-art technology;
e) collate inputs received by sub-sectoral co-ordinators from national and public and private sector stakeholders and furnish such inputs to the SATCC-TU;
f) manage the development of national transport, communications and meteorology databases on the basis of the data needs to be agreed;
g) facilitate the work of SATCC consultants, especially on policy and programme development; and
h) convene and chair, if required, a committee comprising sub-sectoral coordinators to facilitate the process of national coordination.

4. The SATCC-TU shall provide national coordinators with input and guidelines derived from the experience of other Member States in implementing the Protocol.

5. For the purposes of paragraph 4, the SATCC-TU may, from time to time, host regional or national workshops to facilitate and encourage the process of implementation.

The SATCC-TU shall be a body providing technical, implementation and monitoring support to all the implementation agencies with the implementation of the provisions of this Protocol, monitoring compliance by Member States with their obligations in terms of this Protocol and providing secretarial and administrative support to the SATCC and to this end, may receive requests for assistance from all components of the SATCC.

The principal office of the Association shall be located in Harare, Zimbabwe and branch offices may be established elsewhere as the Board may approve.

The SATCC-TU shall -

a) prepare annual schedules of meetings of the SATCC for the following year;

b) maintain all records necessary for the efficient discharge of the functions of the SATCC;

c) prepare agendas and keep minutes for all meetings of the SATCC;

d) prepare, collect and circulate papers, documents and any information which may be required for the work of the SATCC;

e) keep a roster of regional bodies and individual technical experts enjoying consultative status for the purposes of implementation of this Protocol; and

f) perform any other functions related to the implementation of this Protocol with which it may be tasked.

The SATCC-TU shall provide technical support through assistance with -

a) the development of a regional policy agenda by developing, implementing, formalising and monitoring regional and national policies;

b) identifying research needs and conducting research or having research conducted;

c) identifying and evaluating international standards and recommended practices deemed essential for regional implementation;

d) developing interactive and unified regional and national data collection and processing systems using reliable data sources and facilitating speedy access to information;

e) the maintenance of a library containing relevant international, continental, regional and national technical publications, documents, agreements and legislation;

f) the maintenance of inter-sector coordination between the transport, communications and meteorology sectors and other sectors within the SADC; and

g) any other functions with which it may be tasked.

The SATCC-TU shall monitor the implementation of this Protocol by -

a) liaising on a continuous basis with national and sub-sectoral coordinators, Member States, regional and national institutions and other national stakeholders with responsibility for complying with provisions of this Protocol;

b) participating in meetings and activities of regional bodies;

c) keeping an implementation workplan programming the implementation of a regional policy agenda;

d) requesting Member States for regular updates regarding the status of implementation of individual provisions of the Protocol;

e) preparing three-monthly reports for consideration by the sub-sectoral committees contemplated in Article 13.6 of this Protocol regarding progress with the implementation of this Protocol;

f) identifying potential delays in the implementation time scales and alerting the sub-sectoral committees, Committee of Senior Officials and Committee of Ministers of such delays;

g) maintaining a register of accessions by Member States to international agreements, identifying compliance requirements and noting departures from international standards and recommended practices; and

h) any other functions with which it may be tasked.

1. The Governments of Member States shall promote the creation of regional bodies where required to provide a framework for collaboration and inter-action between and amongst service providers, users, regulators, labour and other stakeholders to participate as equal partners in the process of implementation of this Protocol.

2. Member States shall co-operate with regional bodies established within a sector or sub-sector.

3. In support of their consultative status, the SATCC-TU shall regularly participate in meetings of regional bodies to promote its own consultative responsibilities.

4. The SATCC-TU may, upon request, provide secretariat services to assist with the establishment and mobilisation of a regional body for a specified period.

In accordance with Articles 18 and 19 of the Treaty -

a) a quorum for all meetings of the SATCC shall be two-thirds of the Member States; and

b) subject to the provisions of Article 14.6, paragraph 9 and 10 of this Protocol, decisions of the SATCC shall be taken by consensus.

The SATCC-TU shall operate and be managed in accordance with -

a) the Agreement between the Government of the Republic of Mozambique and the SADC regarding the hosting of the SATCC Headquarters in Maputo, Mozambique;

b) the SADC Financial Regulations, Standing Orders and Rules;

c) the SADC Terms and Conditions of Service; and

d) the Protocol to the Treaty on Immunities and Privileges, concluded in accordance with Article 31 of the Treaty.

1. SATCC-TU employees shall be appointed in the manner contemplated in the SADC Terms and Conditions of Service as determined by the Council pursuant to Article 11 of the Treaty.

2. All SATCC-TU employees shall perform their duties in compliance with Article 17 of the Treaty as amplified by the SADC Terms and Conditions of Service.

3. The Director of the SATCC-TU shall supervise employees in accordance with the provisions of the SADC Terms and Conditions of Service.

1. Financial regulations, standing orders and rules as may from time to time be prepared by the Executive Secretary and approved by the Council, in terms of Article 30 of the Treaty, shall apply to the management of SATCC's finances.

2. The Director of the SATCC-TU shall be responsible for the financial management of the institution in accordance with the Standing Orders and Financial Regulations.

3. The Director of the SATCC-TU may also, in accordance with the annual approved budget enter into an agreement with any other government or institution in respect of specific projects of the SATCC or the financing of the general operations supporting general implementation of this Protocol, subject to subsequent approval by the chairperson of the Committee of Ministers.

1. The Member States shall annually contribute to the funds required to carry out the functions of the SATCC in accordance with the proportions determined by the Council in accordance with Article 28 of the Treaty.

2. The Director of the SATCC-TU shall annually prepare a budget for consideration by the Committee of Senior Officials as prescribed by the Financial Regulations, Standing Orders and Rules, in respect of -

a) the operations of the Director and staff of the SATCC-TU;

b) capital and operational expenditure and sources; and

c) the regional programmes to be undertaken by the SATCC, irrespective of funding sources.

3. The Committee of Senior Officials shall annually submit the budget to the Committee of Ministers for approval and onward transmission to the Executive Secretary who shall deal with the matter in the manner contemplated in Article 28 of the Treaty.

1. The location and matters relating to the hosting of the headquarters of the SATCC shall be as agreed in the Agreement between the Government of the Republic of Mozambique and the SADC regarding the hosting of the SATCC Headquarters in Maputo, Mozambique. 2. Member States shall collectively consider the impact of the financial burden involved in providing adequate headquarters accommodation and consider various options for alternative accommodation arrangements in the event that the host country is unable to meet its obligations.