Lake mediation on dispite tribunal revival

Government says it will not refer its Lake Malawi wrangle with Tanzania to the revived Southern Africa Development Community (Sadc) tribunal until a determination by the current mediation process is made.
But law experts, while backing government’s decision, say the outcome of the mediation depended on the willingness by both parties to agree because it lacked legal binding.
Ministry of Foreign Affairs spokesperson Quent Kalichero said Malawi will not continue with the mediation team by the Forum of Sadc former heads of States and Government headed by Mozambique’s Joachim Chissano.
“Government is awaiting response from the Forum on when they will be convening the next mediation meeting,” she said.
Chancellor College law lecturer Edge Kanyongolo said determination by the mediation team would not have the same legal authority as the tribunal.
He said the tribunal has jurisdiction to settle the Malawi and Tanzania wrangle if one of the two countries brought the matter.
“Mediation is a voluntary process and the two counties are not compelled to take the wrangle to the tribunal because it has been revived,” he said.
Dean of Law at Chancellor College Mwiza Nkhata said Malawi and Tanzania had several options to settle their differences over the border although the abolishment of the Sadc tribunal in 2010 made their choices limited.
“They can proceed with the mediation although the outcome would not be legally binding,” he said.
A diplomat close to the mediation, speaking on condition of anonymity, said it was a waste of time and resources to continue with the current process after the revival of the tribunal.
The two countries are disputing the borderline in Lake Malawi with Malawi saying the border with Tanzania is at the northern east tip while Tanzania says the demarcation is at the middle of the lake.
During the 33rd Sadc meeting that took place in Zimbabwe last week, leaders resolved to revive the tribunal whose jurisdiction is partly to resolve interstate conflicts.
Meanwhile, the Malawi Law Society (MLS) has maintained its stand to sue government for participating in suspending the tribunal without the blessing of Malawians. n