(2018) 2 African Human Rights Yearbook 125 upheld the preliminary objection, finding that the defendant in fact enjoyed the immunity it asserted. 4.3.2 The Southern African Development Community Interestingly, although Uganda is certainly not a member of SADC, the SADC Treaty has found mention in Ugandan jurisprudence, courtesy of the two decisions by Judge Opio Aweri – Akidi and Toolit – previously referenced. In the Akidi case,244 Judge Opio Aweri appeared to be under the mistaken impression that Uganda was bound by the SADC Treaty, and invoked it as one of the instruments relevant to the determination of electoral disputes.245 Judge Opio Aweri took this reliance even further in his decision in the Toolit case.246 According to him, aside from the relevant domestic law relating to the conduct of elections, there were regional and international protocols which bound Uganda to ensure the holding of democratic elections.247 In his view, one of the ‘most relevant’ of these was the SADC Treaty, signed in 1992 in Namibia.248 To him, the SADC Treaty ‘emphasized the need for democratic consolidation, the development of principles governing democratic elections, transparency and credibility of elections and democratic governance as well as ensuring acceptance of election results by all contesting parties’.249 To this end the Treaty stipulated a number of principles for the conduct of elections, that is to say: i) full participation of the citizens in the political process; ii) freedom of association; iii) political tolerance; iv) regular intervals for elections as provided in the respective national
Constitutions; v) equal opportunity for all political parties to access the state media; vi) equal opportunity to exercise the right to vote and be voted for; vii) independence of the judiciary and impartiality of the electoral
institutions; viii) voter education; ix) acceptance of electoral results and x) challenge of the election results as provided for in the law of the land.250 
 These decisions, in so far as they suggest that the SADC Treaty is binding upon Uganda, cannot be supported by a reference to Ugandan law as it currently stands. 244 245 246 247 248 249 250 n 64. At 6 (‘As far as democracy and good governance is concerned we are bound by international protocols which emphasize among other things that our elections should be free and fair. See … SADC Treaty …’). n 67. At 7. At 7-8. At 8. As above.