East African Court of Justice, 15 June 2020: The Appellate Division concluded its inception online sessions which resumed mid-May. During the session nine (9) cases were handled including 1 Judgment & 2 Rulings delivered, 1 hearing and 1 arbitration matter. However, 3 cases had to be adjourned, 2 of which were involving the Attorney General of the Republic of Burundi due to the death of the H E President Pierre Nkurunziza.
East African Court of Justice, 8th June, 2020: The Appellate Division dismissed an Appeal filed by the Attorney General of the Republic of Burundi (Appellant) against the Judgment of the First Instance Division (“the Trial Court”) over the dismissal of a dispute on the election of the Speaker of the 4th East African Legislative Assembly (EALA), claiming that the Speaker was elected in breach of Articles 53(1) or 57(1) of the Treaty, or Rule 12(1)of the Assembly’s Rules of Procedure.
The Appellate Court in its decision concluded that, It is clear that the Appellant’s challenge to the election of the Speaker of the 4th Assembly of EALA has failed in both the Trial Court and in this Court as the 3 issues for determination have all been answered in the negative and awarded Costs of the Appeal to the Respondent and the Intervener. The Cross-Appeal by the Respondents succeeded, with the result that the Respondent (Secretary General of East African Community) and the Intervener (Hon. Fred Mukasa Mbidde, a Member of EALA), will be awarded their Costs in the Trial Court.
East African Court of Justice, 3rd June, 2020: The Appellate Division denied an Application filed by the Attorney General(AG) of the United Republic of Tanzania, seeking for extension of time to file an Appeal out of time, to challenge the decision of the First Instance Division delivered on 21st June 2018,that ruled in favor of the Managing Editor of Mseto Newspaper.
The First Instance Division in its decision, declared that, an order issued by the former Tanzanian Minister for Information, Culture, Arts and Sports, dated 10th August 2016 that banned publication of Mseto newspaper, as a restriction of press freedom and thereby constitutes a violation of the Respondent’s State obligation under Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community. The newspaper was banned for allegedly publishing incitements and false news.