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SUMMARY REPORT OF THE STAKEHOLDERS’ CONFERENCE

ON CONSTITUTION-MAKING; RATIFICATION AND DOMESTICATION OF INTERNATIONAL INSTRUMENTS IN SUB-SAHARAN AFRICA

HELD AT ORION SAFARI LODGE, RUSTENBURG, SOUTH AFRICA

FEBRUARY 27TH – MARCH 3RD, 2007

I. OPENING SESSION

Participants were formally welcomed to the conference by Dr. Werner Boehler, Konrad Adenauer Foundation (KAF) Country Representative to South Africa. He gave brief background information about the work of the Foundation in general and the Rule of Law Program in particular before inviting Justice Albie Sachs, Judge of the Constitutional Court of South Africa to give his keynote address and officially open the conference on behalf of His Lordship, the Chief Justice Pius Langa.

In his remarks, Justice Sachs chose to share with participants his own and the South African experience as far as constitution-making process is concerned. He pointed out that experience had shown that an important process such as constitution-making should never and cannot be tied to personalities if it is to be successful and beneficial to all. Instead, the process and the product must be as a result of a collective and participatory approach.

He noted that a constitution is supposed to protect divergent interests while promoting certain principles and values hence, the need to involve everyone. He informed the participants that it took South Africa about six (6) years of consultations among all stakeholders before the first draft could be agreed upon. These consultations did not only focus on the final document but also on the whole process of getting and adopting such a constitution.

He further informed the participants that prior to embarking on the drafting of their constitution, South Africans agreed on 34 core principles which they wanted to be the anchor of the new constitution. They then negotiated an interim constitution that would ultimately facilitate the realisation of a new constitution. Among the key issues that the interim constitution dealt with were the creation of an interim parliament which was to act as a Constituent Assembly and the creation of a Constitutional Court to protect the 34 principles that had been agreed upon. This ensured that both the process and the product were secure from individual or partisan manipulation.

Justice Sachs informed the conference that as at 2006, the South African Constitution had been amended 14 times. In a bid to try and protect the constitution from retrogressive amendments as has been the case in most African states, South Africans have endeavoured to create and nurture a constitutional and democratic culture, where everyone respects and has a responsibility to protect the constitution. Section 75 of the South African constitution expressly requires public participation in the amendment of the constitution as a way of curbing against unilateral and arbitrary amendments.

II. SESSION 1: Chair Mr. Gerd Bossen, Director, Rule of Law Program

The Role of the Legislature and the Executive in Constitution Making and Domestication of International Instruments by Dr. Jane Ansah, Attorney General of the Republic of Malawi.

Dr. Ansah began her presentation by observing that constitution making has been one of the major challenges in Africa since the years of independence. She noted that at independence, the constitutions were discussed and drafted away from Africa by few individuals who were hand picked by the colonial masters. This resulted into the exclusion of the majority of the citizens hence casting a shadow on the legitimacy of these documents. Further, these constitutions introduced governance systems and structure that was akin to the colonial masters which were not necessarily viable in Africa thus resulting into political instability.

As a result of the aforementioned factors, most of the independence constitutions were either abandoned or extensively amended. This saw the clamour for new constitutions engulf Africa especially in the 1990s. She however observed that just as was the case with the independence constitutions, which lacked effective public participation, the new (1990s) constitutions suffered the same anathema resulting into another call to replace these constitutions with what many be referred to as ‘Own and democratic constitution’. This is currently going on in a number of African countries, Malawi included.

She submitted that continued clamour for new constitutions in Africa has brought to the fore the failure of both the executive and parliament (mostly dominated by politicians) to provide a roadmap and facilitate a democratic and participatory constitution making process in Africa.

She observed that even though the roles of Parliament and the executive in a Constitution making process may vary due to the forces and reasons behind the call for change to achieve among other things,

•the need to align a constitution with new realities and new challenges;

•the need to limit the power of the governing bodies in particular the powers of the president and other stake holders;

•the desire for inclusion of ethnic groups to have power devolved to them and/or to have appropriate power sharing arrangements;

•the need for power sharing through proportionate representation.

The facilitative role of both parliament and executive towards the realisation of this goal remains invariable.

She submitted that it is up to the two institutions to ensure that a solid, fair and just constitution anchored upon shared values that are neutral and objective is realised in a legitimate and participatory process in the eyes of the public. It is incumbent upon the two institutions to ensure that the process, product and adoption of the product are participatory and all inclusive by crafting appropriate legislation and policy framework, as well as playing a leading role in creating public awareness.

She noted that high levels of illiteracy and poverty in most African states remain some of the key setbacks towards the realisation of this ideal.

On international instruments, Dr. Ansah noted that most of the international instruments and treaties that Malawi has ratified have not been domesticated. This she said seems to be a common feature across Africa.

Making a substantive contribution to Dr. Ansah’s presentation, Prince Mangosuthu Buthelezi decried the continued existence of the gap between legality and reality in Africa. He observed that in spite of the written law, most leaders in Africa have not changed their attitudes and conduct towards the letter of the law, neither have they put modalities of implementing the law in such a manner that ordinary people may appreciate the rule of law as opposed to whims of men.

For instance, he observed that people in Africa routinely cast their votes but never ask themselves why they are voting or why they are supposed to vote. As a result, most people vote as an act of recognizing leaders who are perceived to be such because of their status, position and incumbency and not necessarily because they are likely to serve and represent their interests.

Consequently, political patronage has effectively subverted the spirit and letter of the law in most African states. Key policy matters including constitutional and democratic issues are discussed and passed within ruling political parties and both parliament and the executive are reduced to mere rubber-stamp institutions.

He called for greater emphasis on civic education so as to empower the people and transform into citizens who dearly embrace the tenets of constitutional and democratic values.

On his part, Hon. Fred Ruhindi, Minister of State and Deputy Attorney General of Uganda, informed participants that Uganda has a Treaty Ratification Act but was not sure whether it expressly provides for the process of implementation as well. He cautioned that a constitution like a foundation of a building should be solid and protected from unwarranted interference and manipulation.

Mr. Gerd Bossen took issue with political parties in Africa which form the bulk of the membership of the legislature and the executive. He observed that most of these parties do not respect the rule of law nor do they embrace democratic principles while conducting their party affairs and therefore it is a fallacy to expect them to nurture and respect such principles when handling national affairs.

It was noted that it is important to define the terms ‘popular participation’ and ‘people-driven’ so as to protect important processes like constitution making from a few individuals who push for personal and partisan interests in the name of the people.

III. SESSION 2: Chair Mr. Vincent Lyimo, Permanent Secretary, Ministry of Justice & Deputy Attorney General, Tanzania

The Role of the Judiciary in Constitution Making and Domestication of International Instruments by Justice Egbert Myjer, Judge of the European Court of Human Rights.

In his presentation, Justice Myjer made the following assertions, that

•Strictly speaking and in accordance with the Montesquieu principle, the judiciary has no role in the constitution making process. However, it can be used as a guardian or protector of key constitutional principles like was the case in South Africa.

•On ratification, the judiciary has a role of maintaining the minimum rules or standards that each instrument provides. Thus, if a document has a binding effect then the court has a role of ensuring the implementation of the same. Further, the judiciary has a role of verifying compliance of international instruments ratified with municipal law.

Justice Mohammed Ibrahim informed participants that in Kenya while dealing with international treaties that have neither been signed nor ratified by Kenya, judges are guided by the Bangalore Principles. However, where there is ratification the court has a role of enforcing the principles and applying the spirit of such treaty.

Participants were informed that Niger has a Constitutional Court comprising of 3 judges appointed by the President; 3 by the National Assembly and 4 by the Civil Society which is largely ineffective because geographical vastness, poverty, high legal fees and illiteracy continue to hinder access to this court and access to justice in general.

Dr. Alfred Fofie informed participants that the president of Liberia once signed 103 international instruments in one day. This certainly has an impact on domestication and implementation of the instruments and brings to the fore the lack of seriousness that is attached to the signing and ratification of international instruments in most African states.

It was widely observed that in case of a conflict between international treaties and the constitution, the constitution takes precedence in most African states.

IV. SESSION 3: Chair Hon. Asser Kuveri Kapere, Chairman, National Council – Parliament of Namibia

(i) The Role of other Stakeholders in Constitution Making and Domestication of International Instruments in Africa: Successes and Challenges by Adv. Tseliso Thipanyane, Chief Executive Officer, South Africa Human Rights Commission

Adv. Thipanyane submitted that the challenges of ratifying international instruments and their incorporation in domestic laws, their implementation and the monitoring thereof, coupled with the very nature of international law, have influenced many human rights activists and scholars to realize that the most effective promotion and protection of human rights occurs and should occur at a domestic level.

The Role of National Human Rights Institutions

In the context of international human rights law, national institutions for protection and promotion of human rights have the following responsibilities in terms of the Paris Principles:

•Promote and ensure the harmonization of national legislation, regulations and practices with international human rights instruments to which the State is a party, and their effective implementation

•Encourage ratification of international human rights instruments or accession thereto and to ensure their implementation

•Contribute to the reports which States are required to submit to United Nations bodies and committees and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence

•Cooperate with the United Nations and any other agency in the United Nations system, the regional institutions and the national institutions of other countries which are competent in the areas of the protection and promotion of human rights.

In terms of their operational methods, the Paris Principles requires them to:

•Maintain consultation with other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular ombudsmen, mediators and similar institutions and

•Develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas. This is in view of the fundamental role played by the non-governmental organizations in expanding the work of national institutions.

He noted that some of the international human rights treaty bodies have, through their General Comments, made specific suggestions on the role of the national institutions. For example, the UN Committee on Economic, Social and Cultural Rights in its General Comment No 10 on the ‘Role of National Human Rights Institutions in the Protection of Economic, Social and Cultural Rights,’ expressed the need for national human rights institutions to give ‘full attention to economic, social and cultural rights in all of their relevant activities. The Committee further suggested the following activities to be undertaken by national human rights institutions in fulfilment of their mandates.

•Promotion of educational and information programmes designed to enhance awareness and understanding of economic, social and cultural rights, both within the population at large and among particular groups such as the public service, the judiciary, the private sector and the labour movement;

•Analysis of existing laws and administrative acts, as well as draft bills and other proposals, to ensure that they are consistent with the requirements of the International Covenant on Economic, Social and Cultural Rights;

•Provision of technical advice, or undertaking surveys in relation to economic, social and cultural rights, including at the request of the public authorities or other appropriate agencies;

•Identification of national level benchmarks against which the realization of Covenant obligations can be measured;

•Research and inquiries designed to ascertain the extent to which particular economic, social and cultural rights are being realized, either within the State as a whole or in areas or in relation to communities of particular vulnerability;

•Monitoring of compliance with specific rights recognized under the Covenant and providing reports thereon to the public authorities and civil society; and

•Examination of complaints alleging infringements of applicable economic, social and cultural rights standards within the State.

Others that have outlined specific roles of national human rights institutions including the Committee on the Rights of the Children on the implementation of the Convention on the Rights of the Child and the Committee on the Elimination of Racial Discrimination on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.

a) The South African Human Rights Commission

The South African Human Rights Commission is a state institution established to strengthen constitutional democracy through the protection and promotion of human rights. Its constitutional functions include;

•Promote respect for human rights and a culture of human rights

•Promote the protection, development and attainment of human rights; and

•Monitor and assess the observance of human rights in the Republic.

In order to carry out these functions, the Commission has constitutional powers to:

Investigate and report on the observance of human rights

Take steps to secure appropriate redress where human rights have been violated

Carry out research and educate

In addition to these constitutional powers, national legislation also regulates the Commission’s powers. The South African Human Rights Commission Act 54 of 1994 is such legislation. Under this Act, the Commission has the following powers:

•Subpoena powers

•Search and seizure powers (and without a warrant under certain special circumstances)

•Power to litigate and obtain Declaratory Orders on human rights issues from the Courts

•It is also a criminal offence for any person including a government official to unlawful frustrate the work of the Commission.

The Role of Other Stakeholders

International human rights instruments generally provide a role for non-governmental bodies in the implementation of these instruments by State Parties through, for example, shadow reports to country reports, improvements to the existence treaties through new protocols, participation in meetings of various treaty monitoring bodies.

Non-governmental organizations and the media can also help to publicize at a national and regional level, the international human rights instruments, their implementation or lack thereof by State Parties and also lobby States that have not ratified or acceded to these instruments to do so.

They too can play an important role in the ratification and implementation of international human rights instruments and their subsequent translation into national law.

In conclusion Adv. Thipanyane observed that the struggle for human rights is an on-going one, more so in Africa where governments in general have a tendency to pay lip service to the protection and promotion of human rights while not giving much effect to their human rights obligation. This tendency is clearly illustrated by the phenomenon in the continent for States to ratify international instruments but not implement them properly nor meet the reporting obligation therein. The lack of support for the African Commission for Human and Peoples’ Rights by the AU and its Member States is another example of this lack of commitment.

A concerted and joint effort by national institutions of human rights and various organs of civil society is needed to advance the human rights course in the Africa.

(ii) Ratification and Implementation of International Instruments: The Council of Europe Experience by Justice Egbert Myjer, Judge of the European Court of Human Rights (Elected of the Netherlands)

Justice Myjer took the participants through some general background information on the 1950 European Convention on Human Rights (For more please see www.echr.coe.int).

On the functioning of the Court, Justice Myjer informed the gathering that the court was moving towards a practical and effective approach as opposed to theoretical and illusory approach.

The European Court of Human Rights allows direct individual access to the court provided all domestic remedies have been exhausted. He reported that for instance, last year alone (2006) 50,000 cases were filed, most of which were dismissed on technicalities mainly stemming from none exhaustion of domestic remedies and lapse of time.

He pointed out the growing problem of case backlog as one of the main challenges facing the court at the moment. He said this problem was being tackled through Protocol 14 which aims at putting in place efficient working methods in addition to reviewing the terms of office of the judges and allocating extra finances.

In order to guarantee the effectiveness of the European Convention Justice Myjer recommended the following;

•re-examination or reopening of certain cases at the domestic level following judgments of the European Court of Human Rights;

• publication and dissemination within the member States of the text of the European Convention on Human Rights and the case-law of the European Court of Human Rights;

•verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights;

• improvement of domestic remedies;

•resolution on publication and dissemination of the case-law of the European Court of Human Rights;

• resolution concerning the practice in respect of friendly settlements;

• resolution on judgments revealing an underlying systemic problem

V. SESSION 4: Chair Justice Joseph Mulenga, Vice President of the East African Court of Justice and Judge, Supreme Court of the Republic of Uganda

(i) An overview of Constitutional Reform Initiatives in Africa from 1990s: Motivation, Successes and Challenges by Dr. Githu Muigai, Professor of Law, University of Nairobi

Dr. Muigai observed that more than 40 years since the Independence Constitutions were enacted, there is a resurgence of interest in constitutions and constitutional development in Africa. The literature of the 1950's looked forward to "the prospects of democracy" in Africa while the 1960's saw the "erosion of democracy” as the sequel. The collapse of communism in Eastern Europe and the end of autocratic one party rule in the 1990's created a great wind of political change that swept across the world including Sub-Saharan Africa.

Over the last decade and a half there has been much constitution making activity in Africa. In some countries where states and constitutional governance had totally collapsed such as Rwanda, Liberia, Somalia and Sierra Leone, entirely new constitutions have been negotiated. This is also true of countries where the old order has collapsed and a new order had to be constructed, such as Uganda and South Africa. Yet, in others where the constitutional system had continued to operate, albeit in an inefficient manner, such as Malawi, Kenya, Tanzania, Namibia, Zambia and Zimbabwe, constitutional reforms have been effected through amendments.

Dr. Muigai submitted that there are at least three cardinal themes that have variously informed or motivated constitutional reform initiatives in Africa. They include:

a. Constitutions as instruments of decolonization

As instruments of decolonization, the independence constitutions were supposed to undertake the Herculean task of:

Instruments of the transfer of state power

Guarantee national unity

Guarantee democratic rule and competitive politics thereby reversing the autocracy and unaccountability of colonial rule

Guarantee Human rights for all and particularly for minorities to reverse the colour bar and apartheid

Guarantee the Rule of Law to reverse colonial caprice and whim autocracy

Create genuine markets and provide Economic opportunity to reverse colonial control and domination of economic activities

He asserted that these constitutions were sagging under heavy political baggage making them disfunctional and consequently led to political instability on the continent.

b. Constitutions as pawns in post independence power politics (reconfiguring the power map)

Post independence constitutional change in Africa took three main directions:

Coup d'état that overthrew the entire constitutional order and established military regimes such was the case in Nigeria, Ghana, Congo, Uganda, Ethiopia etc.

Manipulative amendments by the political class as well as inconsistent and contradictory court interpretations directed at subverting competitive politics and institutionalizing single party (and presidents for life or extension of presidential terms) states and succession schemes. This was evident in Malawi, Kenya, Tanzania, Zambia, Zimbabwe, Cameroon, Namibia and Uganda.

Governance outside (or overriding) the constitution, including ignoring court orders. Best examples are Uganda, Egypt and Botswana.

This has led to apparent instability of African constitutions resulting into weak states, weak civil society, artificial boundaries, ethnic cleavages, alienated elites, big men syndrome, lack of democratic tradition and culture, disregard of the rule of law, criminalization and militarization of politics (genocide) and superficiality of constitutional instruments to mention but a few.

c. Constitutions as instruments of democratic transitions and renewal

New constitutions have been promulgated everywhere, particularly in post conflict societies such as South Africa, Uganda, Rwanda, Somalia, Ethiopia, Congo. Because of the perception that,

-Constitutions as instruments of transition are symbols of a fresh start that helps in redefining the power map and addresses historical problems

-Constitutions as value creating documents would enhance democracy, rule of law, human rights and constitutionalism.

Dr. Muigai pointed out that the reason why well drafted constitutions do not necessarily translate into good constitutional governance in Africa is because of

Constitutions being treated as ‘mere’ documents

the symbiotic relationship between the document and political behaviour and culture (e.g. culture of dissent)

the problem of striking an ideal balance between political stability and Constitutional legitimacy.

In conclusion, Dr. Muigai submitted that decolonialising constitutions are the genesis of the constitutional problems facing Africa today because these constitutions endeavoured to undertake a task that they were not well equipped to do bearing in mind that the colonial rule itself was an imposition of physical and ideological ideas, where the law was used as a tool of suppression.

The issue of boundaries also played a major role, with many African countries contesting these demarcations.

Dr. Ernest Folefack informed participants that there seem to be two constitutions in Cameroon – the current (operational) one and a new one (which is yet to come into force) but from which certain provisions which seem to favour the incumbent regime have been adopted and are operational, for instance, the provision on presidential term.

(ii) An update on the Pan African Parliament by Ms. Lyn Chiwandamira, Deputy Clerk,

She informed participants that PAP was established as an Organ of the African Union with advisory and consultative powers. Currently, the body does not have any legislative powers.

The vision of this body is to provide the people of Africa with a political forum to discuss Pan African issues with one voice hence the motto One Africa One Voice.

Its objectives include,

•Facilitating effective implementation of the policies and objectives of the OAU/AEC and ultimately of the AU;

•Promoting the principles of human rights and democracy in Africa;

•Encouraging good governance, transparency and accountability in member states;

•Familiarizing the peoples of Africa with the objectives and policies aimed at integrating the African continent within the framework of the establishment of the African Union;

•Promoting peace, security and stability;

•Contributing to a more prosperous future for the peoples of Africa by promoting collective self reliance and economic self recovery;

•Facilitating cooperation and development in Africa;

•Strengthening continental solidarity and build a sense of common destiny among the peoples of Africa;

•Facilitating cooperation among Regional economic communities and their parliament

Main tasks of the current MPs who are nominated from among sitting MPs of member states’ National Assemblies (5 each) include, attending PAP Plenary meetings; attending committee sessions (currently there are 10 standing committees which are open to the public); participating in mission visits; participating in PAP conferences and participating in AU Summit meetings.

Currently, PAP faces numerous challenges such as lack of adequate resources and invisibility but this is being addressed through the establishment of a Trust Fund; adoption of a Strategic Plan; Support from national governments and Parliaments through the AU; wooing the partnership of multilateral agencies and encouraging NGOs to volunteer services to the institution.

Participants were challenged to participate actively in the activities of PAP as well as assist in publicising the institution in their respective countries. The next session of PAP shall be held between May 7 and 18, 2007 in Midrand, South Africa.

Wrap-Up

Participants agreed that most of the problems affecting Africa are as a result of negative attitude, greed, dishonesty and disrespect of the rule of law by the leadership. Since independence, the trend has shown that most governments are hungry for power and not liberation.

The participants pledged to play a part in their respective countries to reverse this trend.

VI. LIST OF DELEGATES

Justice Mohammed Ibrahim, Judge of the High Court of Kenya, P.O. Box 141, Eldoret, KENYA, Tel. +254 724 264410, E-mail: ibrahim@nbnet.co.ke

Dr. Githu Muigai, Advocate & Constitutional Law Expert, P.O. Box 61323 - 00200 Nairobi, KENYA, Tel. +254 20 230231; Fax +254 20 230232,

gm@moha mmedmuigai.com / muigai@jurisconsults.co.ke

Mr. Wanjuki Muchemi, Solicitor General, P.O. Box 40112 - 00100 Nairobi, KENYA, Tel. +254 20 227605; Fax +254 20 214343, E-Mail: sg@ag.go.ke

Justice J.W.N. Tsekooko, Judge, Supreme Court, P.O. Box 10196, Kampala, UGANDA, Telephone +256 41 270961; Fax 273122/259680,

E-mail: tsekooko@yahoo.com

Justice Joseph Mulenga, Vice President, East African Court of Justice & Judge Supreme Court, P.O. Box 1715, Kampala, UGANDA, Telephone +256 77 503015, E-mail: abahana@utlonline.co.ug

Hon. Fred Ruhindi, Minister of State & Deputy Attorney General, Parliament of Uganda, P.O. Box 7178, Kampala, UGANDA, Telephone: +256-41-377000; Fax: +256-41-346826, E-mail: fruhindi@parliament.go.ug

Ms Judy Obitre-Gama, Lecturer, Faculty of Law, Makerere University, P.O. Box 7062, Kampala, UGANDA, Telephone +256 414 542284; +256 772 408850, E-mail: jgama@law.mak.ac.ug / judygama@yahoo.co.uk

Deo Rubumba Nkunzingoma, President, Uganda Law Society,P.O. Box 1188, Kampala, UGANDA, Telephone +256 772 669507, E-mail: deonkunzingoma@yahoo.com / deo.nkunzingoma@uls.or.ug

Mr. Vincent Lyimo, Permanent Secretary, Ministry of Justice & Deputy Attorney-General, Kivukoni Front, P.O. Box 9050, Dar es Salaam, TANZANIA, Tel. +255 22 2123803; Fax +255 22 2113632, E-mail: vmlasani@yahoo.com

Mr Francis Kiwanga, Program Officer, Legal Human Rights Centre, P.O. Box 75254, Dar es Saalam, TANZANIA, Tel. +255 2773048, E-mail: lhrc@humanrights.or.tz

Hon. Justice Adil Ahmed Abdullahi, Vice President, Federal High Court of Ethiopia, P.O. Box 3483, Addis Ababa, ETHIOPIA, Tel. +251 11 2767541, +251 911 864893, Fax +251 11 2755399, E-mail: adilahmedabd@yahoo.com

Dr. Jane Ansah, Attorney General, Ministry of Justice, Private Bag 333, Lilongwe 3, MALAWI, Tel. +265 1 788006; Fax +265 1 788004/9

E-mail: attorney-gen@sdnp.org.mw

Alaudin Osman, Managing Director, Capital Radio, Private Bag 437, Blantyre 3, MALAWI, Tel. +265 1 820858; Fax +265 1 823382,

al@capitalradiomalawi.com, www.capitalradiomalawi.com

Mr. Justin Dzonzi, Chairperson, Human Rights Consultative Committee, P.O. Box 1371, Blantyre, MALAWI, Tel. +265 1 870882; Fax +265 1 833959,

E-mail: jkdzonzi@yahoo.co.uk

Justice John Manyarara, High Court, Private Bag 13391, Windhoek, NAMIBIA, Tel. +264 61 2819111,

Hon. Asser Kapere, Chairman, National Council, Private Bag 13371, Windhoek, NAMIBIA, Tel. +264 61 20228003; Fax +264 61 256371

Ms Jacqui Daniels, PA to the Chairman of National Council, Private Bag 13371, Windhoek, NAMIBIA, Tel. +264 61 20228002; Fax +264 61 256371,

E-mail: j.daniels@parliament.gov.na

Ms Wilmary Visser, Deputy Legal Counsel, National Council, Private Bag 13371, Windhoek, NAMIBIA, Tel. +264 61 20228007; Fax +264 61 2028032,

E-mail: w.visser@parliament.gov.na

Justice Albie Sachs, Judge of the Constitutional Court, Private Bag X1, Constitution Hill, Braamfontein, 2017 SOUTH AFRICA, Tel. +27 11 3597429; Fax +27 11 4038816

Dr. Silas Ramaite, Deputy National Director Public Prosecutions, P.O. Box 752, Pretoria, 0001 SOUTH AFRICA, Tel. +27 12 8456765; Fax +27 12 8436761, E-mail: msramaite@npa.gov.za

Adv. Tseliso Thipanyane, Chief Executive Officer, South Africa Human Rights Commission, Private Bag 2700, Houghton 2041, SOUTH AFRICA, Tel. +27 11 484 8300 / 083 305 2693; Fax +27 11 484 0582, E-mail: tthipanyane@sahrc.org.za

Adv. Paul Hoffman, Director, Centre for Constitutional Rights, P.O. Box 15785, Panaroma, 7506 SOUTH AFRICA, Tel. +27 21 9303622; Fax +27 21 9303898, E-mail: phoffman@cfcr.org.za

Prince Mangosuthu Buthelezi, President, Inkatha Freedom Party, MP, P.O. Box 1, Mahlaba Thini 3865, Kwa Zulu-Natal, SOUTH AFRICA

Ms. Lyn Chiwandamira, Deputy Clerk, Pan African Parliament, Private Bag X16, Midrand, 1685 SOUTH AFRICA, Tel. +27 11 5455000; Fax +27 11 5455136, E-mail: lyn.chiwandamira@panafricanparliament.org

Mr. Simon Dumakude, Prince Buthelezi’s Aide, P.O. Box 1, Mahlaba Thini, 3865, Kwa Zulu-Natal, SOUTH AFRICA

Mr. Eddington Sithole, Prince Buthelezi’s Aide, P.O. Box 1, Mahlaba Thini 3865, Kwa Zulu-Natal, SOUTH AFRICA

Mr. Justice Mthumbu, Prince Buthelezi’s Aide, P.O. Box 1, Mahlaba Thini 3865, Kwa Zulu-Natal, SOUTH AFRICA

Dr Werner Boehler, KAF Country Representative, P.O. Box 1383, Houghton 2041, Johannesburg, SOUTH AFRICA, Tel. +27 11 2142900; Fax +27 11 2142913/4, E-mail: boehler@kas.org.za

Ms Melody Ngobesse-Hammond, Tecnical Assistant,Telephone +27 72 1960120, South Africa, E-mail: energi82@hotmail.com

Prof. D.A. Guobadia, Director General, Nigerian Institute of Advanced Legal Studies, University of Lagos Campus, P.M.B 12820 Lagos, NIGERIA,

Telephone +234 9 2346504; +234 1 4976077; +234 803 3947747; Fax +234 9 2346505, E-mail: amzguobadia@yahoo.com

Dr. Alfred Fofie, Director, Legal and Judicial System Support Division, UN Mission in Liberia, Pan Africa Plaza, Tubman Blvd, Monrovia, LIBERIA, Tel. +231 5 319409; Fax +212 963 9924, E-mail: afofie@un.org

Prof. Khalid Ikhiri, Président de l’Association pour la Défense des Droits de l’Homme, P.O. Box 12859, Niamey, NIGER, Tel. +227 732261; Fax +227 732261, E-mail: anddh@intnet.ne

Maître Djibo Maiga, Chef du Département de Droit, Université de Niamey, Niamey, NIGER, E-mail: maiga@ird.ne / maiga@intnet.ne

Justice Lucia Da Luz Ribeiro, Judge, Constitutional Court, Maputo, MOZAMBIQUE, Tel. +258 82 3164040; Fax +258 21 487432, E-mail: luciaribeiro8@yahoo.com

Dr. Ernest Folefack, Lecturer, Faculty of Law, University of Dschang,

P.O. Box 66, Dschang, CAMEROON, Tel. +237 7890633; Fax +237 3451381,

E-mail: folefack2000@yahoo.fr

Justice Egbert Myjer, Judge of the European Court of Human Rights, P.O. Box 67075, Strasbourg–Cedex, France, Tel. 00 333 88413733, E-mail: egbert.myjer@echr.coe.int

Mr. Reagan Mwanza, Interpreter,P.O. Box 9038, Nairobi 00200, KENYA,

Tel. +254 721 251348; 721 818735, E-mail: tashconsult_reagan@yahoo.fr

Mr. Kindel Ludeki, Interpreter, P.O. Box 9038, Nairobi 00200, KENYA,

Telephone +254 721 251348; 721 818735, E-mail: tashconsult_reagan@yahoo.fr

Mr. Emmanuel Hiribae, Technician, P.O. Box 9038, Nairobi 00200, KENYA,

Tel. +254 721 251348; 721 818735, E-mail: tashconsult_reagan@yahoo.fr

Mr. Gerd Bossen, Director, Konrad Adenauer Foundation Rule of Law Program for Sub-Saharan Africa,P.O. Box 66471, Nairobi 00800, KENYA,

Tel. +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: Gerd.Bossen@kas.de

Mr. Peter Wendoh, Program Officer, Konrad Adenauer Foundation Rule of Law Program for Sub-Saharan Africa, P.O. Box 66471, Nairobi 00800, KENYA, Tel. +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902,

E-mail: pwendoh@yahoo.com