Posted in Press Release
1st Matter
The First Instance Division on 11th November 2015 declined to grant interim orders in an Application filed by Alice Nijimbire from the Republic of Burundi in her case against the Secretariat for rejecting her request for dispensation to do interviews for the said position from EAC Headquarters in Arusha.
The Applicant on 28th October filed an Application seeking Court to grant the interim orders to stop the process of the recruitment of the Registrar pending hearing of the main case before Court. The Court disallowed the Application and reserved the reasons to be delivered on notice and these are the reasons:
The court said that it recognises the principles that governing the grant of interim orders. That the Applicant must demonstrate a prima facie case probability of success, but the interim orders sought would not normally be granted unless such Applicant might suffer irreparable injury that could not adequately be compensated by an award of damages.
Furthermore, the Court found out that the Application did not establish a prima facie case and the Applicant has not sufficiently demonstrated the irreparable injuries that she is to suffer yet she seeks nullification of the decision of the Respondent / Secretariat on 28th September 2015 (The suspension of the recruitment process and re launch of the interview process under a different panel of interviews.
In addition, the Court was unable to determine the Applicant’s prospects of success in the interview from the proceedings presented, that this would have provided a guide as to the magnitude of her injury should the recruitment process not be halted.
The Court also found that the circumstances of the case are such that halting the recruitment process in the absence of satisfactory proof of injury to be suffered by the Applicant would occasion greater injury to the Respondent (EAC Secretariat) that has discharged its duty as far as the recruitment process is concerned. Court also found out that no documentary proof in support of her claims was submitted.
Again, the Court said that the recruitment process seem to be in advanced stage and only awaits the appointment of the successful candidate by the appointing authority, the Council of Ministers.
The Court further stated that the recruitment process involves the engagement of consultant (Deloitte and Touché) as well as other costs and logistics attendant to an interview of the candidates in their home country by a teleconference. In that regard the Respondent followed the directive by the Council of Ministers that the recruitment process of the Registrar must be concluded by 31st October 2015. For the above findings and reasons, the Court disallowed the Application without costs. The main case was scheduled for January next year.
The subject of this matter is that the Applicant Alice Nijimbire has sued the EAC Secretariat against its decision in her request for dispensation to do interviews for the position of the Registrar of the EACJ at EAC Headquarters not in Burundi as she was called for interviews in Burundi but because she resides in Arusha and that her child was very sick she requested to do interviews in Arusha, however the Secretariat rejected her request. The applicant alleges that it is breach of the Treaty Articles 6(d), (e) and (f) for the Establishment of the Treaty.
2nd Matter on the same related issue: Reasons of the Ruling
The First Instance Division also gave reasons for the ruling on 30th October 2015 disallowing the Application filed by Mr Rwenga Etienne and Mr Moses Marumbo citizens from the Republic of Rwanda and United Republic of Tanzania respectively versus the Secretary General of the East African Community.
The Applicants are challenging the act of the Secretary General to recruit the Registrar of the East African Court of Justice on the basis of requirements other than the ones set out by Article 45(1) of the Treaty is an infringement of the Treaty. Article 45(1) provides that “The Council shall appoint a Registrar of the Court from among citizens of the Partner States qualified to hold such high judicial office in their respective Partner States”.
The Applicants are therefore seeking the interim orders restraining the Secretary General or any other person drawing orders from him from continuing with the process of the recruitment of the Registrar of the East African Court of Justice pending the hearing of the main case.
The Court in its ruling also said that the Applicant have not sufficiently demonstrated the irreparable injury they stood to suffer if this Application was disallowed in accordance with the principles that governing the grant of interim orders. The Court went ahead and declined to grant the interim orders as sought and the matter is also scheduled for January 2016.
The subject of the matter is that the Applicant challenges the process of recruitment of the Registrar of the Court (EACJ) on ground that it was not transparent nor fair because the Secretary General selectively applied the quota system and denied citizens of Rwanda and Tanzania the opportunity to competitively participate in the said process and that such an action undermines the spirit of integration enshrined in Article 6(d) of the Treaty.
Also, alleges that the Respondent declined to abide by the directive of the Council of Ministers which directed to recruit the Registrar in accordance with Article 45 of the Treaty as well as Staff Rules and Regulations. That instead he purported to amend the directive by demanding qualifications of the Office of the Registrar beyond what is set out in Article 45.
Posted in Press Release
Citizens of the region are set to benefit a great deal through facilities offered by the One-Stop Border Posts (OSBPs) in the EAC Partner States. Already where the facilities are running bilaterally, there is facilitation of free movement of persons and the enhancement of trade between the Partner States, an EALA report adopted by the House states.
In the regard, regional legislators are calling for the fast-tracking of all remaining works of the OSBPs to allow its implementation for further integration.
At the same time, it is key for the assent of the OSBP Bill, 2013, in the Partner States to be finalised to give it legal effect in the entire region. It has been stated that Partner States are implementing the OSBP Initiatives bilaterally as they await for completion of the Assent process. At the moment, the Bill which was introduced by the Council of Ministers is in Rwanda for the final assent signature. Already, the Republics of Burundi, Kenya, Tanzania and Uganda have assented to the Bill.
The recommendations are contained in a report of the Communication Trade and Investments (CTI) on the OSBPs in EAC Partner States debated and passed by the House. The report was presented to the House by Hon. Nancy Abisai on behalf of the Committees Chair, Hon. Mukasa Mbidde.
EALA Members undertook an On-Spot Assessment on the One-Stop Border Posts in EAC Partner States in the months of April and September 2015. Phase one of the assessment covered OSBPs of Mutukula (Uganda/Tanzania), Mirama Hill/Kagitumba (Uganda/Rwanda) and Rusumo (Rwanda/Tanzania) on 8th to 11th April 2015. The second phase covered Lungalunga/HoroHoro (Kenya/Tanzania), Taveta/Holili (Kenya/Tanzania) and Namanga (Tanzania/Kenya) from 30th September to 3rd October 2015.
The objectives of the One–Spot assessment was to find out the status of implementation of the OSBP initiative project and its effect on the movement of people and the EAC business environment. It also set to interact with stakeholders and identify opportunities and challenges affecting the implementation of effective OSBPs and to come up with relevant recommendations.
Stakeholders who participated in the On-Spot Assessments included Revenue Authorities, Immigration, Bureau of Standards, Police, Clearing and Forwarding Agents, and Traders. Others were Transporters, Local Authorities and Development Partners as well as officials from the EAC Secretariat.
One Stop Border Posts lessen days and facilitate inter-regional and international transport and road transit. According to analysts, when exiting one country and entering another, OSBPs combine two stops into one.
During the meetings, Members were informed that the construction of OSBPs were delayed at the Mutukula (Tanzania side) due to late handover of the site, power outages and floods among others. Mutukula on the Uganda side also had delays occasioned by re-designing challenges, delays in relocation of police posts occupying the area and delay in release of funds among others.
The OSBP on Mirama Hills, which was financed by TradeMark East Africa to the tune of USD 7.8 Million was however completed in time as was the facility at Kagitumba, Rwanda/Uganda border.
Construction at Rusumo border is expected to be concluded in time in December 2015. In Namanga, the Report indicates that construction on the Tanzania side has been completed even though not formally handed over due to a number of outstanding issues. On the Kenya side, a number of challenges continue to hamper the completion including erratic power supply, lack of drive through scanners for goods carrying vehicles and funding shortages.
Generally on all borders, there is limited knowledge on borders with regards to OSBPs, lack of operating manuals and inadequate water supply. In its findings, the report underscores training and sensitisation programs and the need for teamwork.
At debate, Hon. Shyrose Bhanji lamented that implementation of the decisions of the House were overlooked. “I had hoped to hear there is 100% implementation of the OSBPs. The reasons given for the delay are not good. Where is the problem, Hon Speaker”, she posed. “The process of getting the Bill has been costly. It is important that it is effected”, she said.
Hon. Straton Ndikuryayo said the Bill was key in ensuring trade facilitation. Hon. Bernard Mulengani said various basic amenities including school, water and housing were lacking and this may have impact on enhancing OSBPs. He further said Partner States were managing OSBPs on bilateral agreements and there was need to address the matter.
Hon. Hafsa Mossi rooted for awareness creation and requested Investment authorities should avail information on investment opportunities at the border. She further called for the harmonisation of the time zones between the Partner States. At the moment, Rwanda and Burundi are one hour in the time zone behind Kenya, Uganda and the United Republic of Tanzania.
The Secretary-General of the EAC, Amb. Dr Richard Sezibera mentioned that the EAC Summit of EAC Heads of State was keen to assent to the Bills more efficiently. “In the recent past, they have assented to Bills including the EAC HIV and AIDS Management Act, 2012, EAC Conflict Management Act, 2012, EAC Elections Act, 2012 and the EAC Community Emblems (Amendment) Act, 2008. Others are the Customs Management Amendment Act, 2012 and the EAC Supplementary Act, 2012”, he remarked.
The Secretary-General reiterated that the EAC OSBP Bill and the Vehicle Load Bill were currently in Rwanda on the last stop and that the process of assent was on.
Hon. Sara Bonaya noted that the issue of ownership of land was necessary as was the standard of optimal parcels of land for future expansion. Others who supported the report were Hon. Taslima Twaha, Hon. Dr James Ndahiro, Hon. Pierre Celestin Rwigema and Hon. Dr Kessy Nderakindo.