Adopted: 14 August 2001
Signatories: 14 (as of 31 July 2007)
Ratifications: 9 (as of 31 July 2007)
Entry into force: 6 July 2005
Open to: Member States of SADC
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Full convention text

SADC began as a loose alliance of states, formed in Lusaka, Zambia in 1980, and was transformed from a Coordinating Conference into a Development Community (SADC) in 1992 by Declaration and Treaty in Windhoek, Namibia at a Summit of Heads of State and Government. The Member States are Angola, Botswana, the Democratic Republic of Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe.

The SADC Protocol Against Corruption was adopted by the SADC Heads of State and Government at their August 2001 Summit held in Malawi making it the first sub-regional anti-corruption treaty in Africa. The Protocol was signed by Heads of State and Government of all 14 SADC member states. It became operational in July 2005, 30 days after its ratification by two thirds of the SADC membership.

With regard to the content of the Protocol, the preamble notes the serious magnitude of corruption in the region, its destabilising effects, particularly that it undermines good governance. The Protocol provides both preventive and enforcement mechanisms and demonstrates a degree of political will in the region to combat corruption.

The purpose of the Protocol is threefold, namely

• to promote the development of anti-corruption mechanisms at the national level
• to promote cooperation in the fight against corruption by state parties
• to harmonise anti-corruption national legislation in the region.

The Protocol provides for the following categories of obligations:

1. Preventive measures and mechanisms including the following:

• development of code of conduct for public officials
• transparency in public procurement of goods and services
• easy access to public information
• protection of whistle blowers
• establishment of anti-corruption agencies
• develop systems of accountability and controls
• participation of the media and civil society; and
• use of public education and awareness as a way of introducing zero tolerance for corruption.

2. Criminalisation: Article VI of the Protocol criminalises the bribery of foreign officials. This is in line with the OECD Convention on Combating Bribery of Foreign Officials in International Business Transaction.

3. Anti-money laundering: The Protocol also addresses the issue of proceeds of crime by allowing for their confiscation and seizure thereby making it more difficult to benefit from proceeds of corruption.

4. International cooperation: The Protocol makes corruption or any of the offences under it an extraditable offence making it difficult for criminals to have a haven in one of the SADC countries. More so the Protocol can be a legal basis for extradition in the absence of a bilateral extradition treaty. The Protocol also provides for judicial cooperation and legal assistance among state parties.

5. Implementation mechanism: Finally, the SADC Protocol also provides for an implementation mechanism.