Posted in Press Release
East African Court of Justice; Arusha, Tanzania; 31 March 2017:
The First Instance Division today as it concluded its sessions, dismissed a case filed by Mr. Steven Deniss from The United Republic of Tanzania against the Attorneys General of the Republics of Burundi, Kenya, Rwanda, Uganda, United Republic of Tanzania and the Secretary General of the East African Community.
The case which was filed on July 10th 2015 in the First Instance Division complained that the provisions of Article 30(2) of the Treaty Establishing the East African Community, about the two (2) months limitation period for filing a matter before the regional court as specified under that Article 30(2) of the Treaty, that it is not only very restrictive but also unjust and discriminatory.
The Applicant further complained that the Provision does not provide ample time for obtaining legal assistance, conducting legal research, documentation of the evidence and securing witnesses expected of a reference before the East African Court of Justice hence has denied him just like other citizens of the Partner States access to justice which is contrary to the fundamental and operational principles of the Treaty as set out in Articles 6(d) and 7(1) (a). He also alleges that the process by which Article 30 (2) of the Treaty was introduced is illegal and that the 6th Respondent had failed in its duty to advice the Partner States to rectify it and equally the 1st to 5th Respondents have failed to cure the illegality in their responsibility to ensure that the objectives of the Treaty are achieved.
In its judgment, the Court said that it has the jurisdiction to determine the legality of Article 30 (2) of the Treaty. In its determination the court stated that it would not go far to declare Article 30 (2) a violation of Articles 6(d) 7 (1) (a) and 7 (2) of the Treaty. That instead that Article simply clarifies the procedural context within which substantive provisions of Articles 6(d) and 7 (2) should be applied. Court again explained that no evidence was adduced before Court as sufficiently establishes the contradictions it poses viz-a-viz Articles 28 and 29 or irrationality of the said considerations.
That it is a matter that, the Court propose, should receive attention to the relevant organs of the EAC, because a people centred and market driven co-operation as stipulated in the provisions of the Treaty as well as rule of Law, must be of necessity include the notion of equal access to justice by all parties. To court Article 30 (2) it seems that the time limitation in the said Article is intended to facilitate the expeditious realization of the Community’s objectives as detained in Article 5 (2) of the Treaty by forestalling open ended avenues for litigation that could derail the integration process. Further, that for the same reasons, the spirit and letter of the Treaty would be well served if such an expedient approach were equally applied to the Partner States and the Secretary General.
The Court also added that, on the issue whether the Secretary General (6th Respondent) has failed in his responsibility to ensure the achievement of the objectives of the Treaty, especially under Article 71 of the Treaty on the functions of the Secretariat on its duty to conduct investigations, collect information or verify of matters that affect EAC. The Court said that, the generalized invocation of Article 71 of the Treaty and imputation of failure by the Secretary General in his mandate is a misguided approach to litigation.
In conclusion, the Court said that regarding the alternative prayers for orders to affect an amendment to Article 30(2) of the Treaty for the 2- months limitation period be increased to 6-months, or to clothe this Court with the discretion to enlarge the said limitation period, on this issues the Court held that it has no jurisdiction to make orders, the effect of which would be to amend the Treaty. The Court therefore dismissed the Reference and ordered each party to bear its own costs.
The Court today ended its sessions which resumed in February and will sit again in May-June 2017.
The Judges delivered the judgement were Honorable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo all of the First Instance Division.
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Notes to Editor:
The Reference rose from the allegations that the Applicant was shot, his property lost and he was then forcefully expelled to Rwanda from the Kagera Region of Tanzania by the agents of the Government of Tanzania but was unable to challenge those actions because of the limitation imposed on him by Article 30(2) of the Treaty.
Article 30 (2) provides that: The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;
For more information, please contact:
Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
Posted in Press Release
East African Legislative Assembly; Juba, South Sudan; 24 March 2017:
President of the Republic of South Sudan, His Excellency General Salva Kiir Mayardit late last week held cordial discussions with the EALA Speaker, Rt Hon. Daniel F. Kidega in State House, Juba.
The President was emphatic that Republic of South Sudan would benefit a great deal from the integration process and said his country was happy to be part of the regional economic bloc.
“The geographical location of South Sudan itself even without much description makes it a natural and perfect choice to belong to the bloc” President Kiir said.
The President hailed EALA for its contribution to the integration process through the legislative agenda, affirming that Republic of South Sudan had already completed the elections of its Members to the 4th Assembly and was rearing to go. He urged the Speaker and the Assembly to go flat out in creating awareness about the integration process in the Republic of South Sudan.
"Your coming here today is a blessing as it will also educate our Parliamentarians”, President Kiir said while calling for capacity building of the legislators and the citizens of the country to embrace the opportunities on offer in the bloc.
The President remarked that Republic of South Sudan was pursuing stability and said Government was committed to the peace initiative and keen to address the myriad of challenges occasioned by the war.
On his part, EALA Speaker, Rt Hon. Daniel F. Kidega hailed South Sudan’s admission in to the EAC as timely, given the linguistic and cultural connections the young nation shares with the bloc and said its full and total integration was of absolute importance. He informed President Kiir of the Assembly’s total support towards initiatives aimed at uniting the country and lauded the Peace Agreement to this effect. He remarked that Africa’s challenges would ideally be solved by the African people themselves.
The Speaker remarked that the region needed to be more vigilant in the fight against terrorism.
He informed the President that EALA regularly meets in the Partner States and had employed the principle of rotation when holding its Sittings.
“We shall at an appropriate time sit here in Juba and will be requesting you to address the Assembly then, Your Excellency,” the Speaker said, receiving an affirmative nod from President Salva Kiir.
Later in the afternoon, the Speaker called on the 1st Vice President of the Republic of South Sudan, H.E. Taban Deng Gai at his Office. The First Vice President maintained that Government of South Sudan prioritised restoration of normalcy in the country and termed reforms as one of the mainstays of the process. He said President Salva Kiir and the Government had institutionalised national dialogue and asked the EAC to follow up on the matter keenly.
H.E. Taban Deng also rallied the EAC Partner States to support the Republic of South Sudan to help the nascent nation towards improving its economy, which he said, had suffered as a result of the war. He remarked that the EAC was a natural choice for South Sudan and said the country was gearing up to take advantage of the opportunities.
The Vice President was emphatic that the envisaged deployment of the Regional Protection Force with forces from the region would play a key role in the disarmament process and add more value in stabilizing the nation, which is preparing for polls in the next 20 months.
“There needs to be peace in the country in order to enable the citizens to go about developing the country in a more free and conducive environment”, H.E. Taban Deng said.
Meanwhile, the EALA Speaker and his counterpart at the Transitional National Assembly of South Sudan, Rt Hon. Anthony Lino Makana held fruitful discussions at the Parliament of South Sudan.
Rt Hon. Kidega welcomed the Republic of South Sudan to the regional Assembly in particular, saying the 4th Assembly would continue to be a major player in the integration process.
“The 4th Assembly of which South Sudan will participate in, needs to consolidate on the gains and strengthen the integration process even further. Key legislation that anchor the Common Market Protocol and the Monetary Union will be useful. Another key area may be the one of ensuring the Assembly gains full autonomy over time”, Speaker Kidega said.
Rt Hon. Kidega spoke of some of the achievements of the 3rd Assembly and cited some of the significant milestones to include passage of 28 Bills, adoption of over 65 Resolutions and 80 reports, processing of 5 petitions and the revision of the Rules of Procedure to strengthen the instruments of governance.
On his part, the Speaker of the Transitional Assembly of South Sudan, Rt Hon. Anthony Lino Makana remarked that the country was expected to benefit a great deal from the integration process.
In attendance were First Deputy Speaker of the Transitional National Assembly, Rt Hon. Timothy T. Chol and the Deputy Speaker (in charge of Administration and Finance) Hon. Dr Awel Mawien.
The EALA Speaker also held discussions with the Speaker of the Council of States, Rt Hon. Joseph Bol Chan and the Adviser to the President on Integration and Economic Affairs, Hon. Aggrey Tisa Sabuni.
Two weeks ago, the Secretary General of the Community Amb. Liberat Mfumukeko led a delegation of EAC Executives and senior officials in meeting with a high-power delegation of the RSS. The Secretary General remarked that EAC would engage in a capacity building programme for Ministries, Departments and Agencies in the Republic of South Sudan would focus on all aspects around the EAC integration.
Republic of South Sudan was admitted in to the EAC last year in April 2016 after H.E. President Salva Kiir Mayardit signed the accession Treaty in Dar es Salaam. H.E. Dr John Pombe Joseph Magufuli, Chair of the EAC Heads of State Summit, hosted the President of South Sudan at the ceremony in State House Dar es Salaam. The Republic of South Sudan thereafter deposited the instruments of ratification of the Treaty for accession with the EAC Secretary General. A month earlier (March 2016), at the 17th Ordinary Summit taking place in Arusha, the EAC Heads of State Summit approved the admission of the new country.
Being admitted to the regional body means that Republic of South Sudan will enjoy all the economic benefits on offer through the Customs Union Protocol and Common Market Protocol. Sudan will also benefit from the region as it moves to increase economic integration through a Monetary Union and eventually, establish a Political Federation.
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For more information, please contact:
Mr Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org
About the East African Legislative Assembly:
The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.
