East African Community Secretariat; Arusha, Tanzania; 08 February 2017:
The Former President of the United Republic of Tanzania, H.E. Benjamin William Mkapa, in his capacity as the Facilitator of the Inter-Burundi Dialogue has announced the commencement of the formal dialogue after completion of the consultative talks. The Session is scheduled for 16th – 18th February 2017, at the Arusha International Conference Centre (AICC).
The convening of this session follows rigorous consultations the Facilitator made with various stakeholders within and outside Burundi, after which he identified an Eight-point Agenda raised by all stakeholders and agreed to be the main sticking points which he reported to the Summit in September 2016.
This Eight-point Agenda, which will form the thrust of the dialogue and subsequent negations, in no particular order of importance, includes: Security and commitment to end all forms of violence; Commitment to the Rule of Law and an end to impunity; Status of the implementation of the Arusha Peace and Reconciliation Agreement; Strengthening of Democratic Culture and Opening up of Political Space; Social and Humanitarian Issues.
Others are, Implementation of the EAC Summit Decision of July 6th, 2015 on the Formation of the Government of National Unity; Impact of the Crisis on the Economy; and the Relationship between Burundi, its Neighbours and other International Partners.
In this initial phase of this dialogue which is by and large a political process, the Facilitator will invite some of the Political Parties and important political actors to whom he will introduce the unpacked Eight-point agenda to determine areas of convergence and divergence.
Other stakeholders like the civil society organizations, religious groups, as well as women and youth will be invited in later sessions for a similar purpose. It is the expectation of the Facilitator that, in this initial dialogue, inputs from participant will draw up an outline of the would-be agreement to be continuously refined until when it fully agreed upon by all stakeholder and can be signed as a final agreement hopefully in June, 2017 as he envisaged.
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Issued by:
Office of the Facilitator of the Inter-Burundi Dialogue on this day 8th February 2017
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Legislative Assembly; Arusha, Tanzania; 06 February 2017:
The attention of the East African Legislative Assembly (EALA) is drawn to reports carried by two dailies (Guardian and Mwananchi) in the United Republic of Tanzania on the above subject matter.
The Guardian newspaper published by the IPP Group, in an article by Edward Qorro headed; “Zziwa wins court battle over EALA Speaker’s seat” and published on Saturday, February 4th 2017, purports inter alia that “after a long-protracted battle, the East African Court of Justice (EACJ) has ruled in favour of Hon Margaret Zziwa, revoking her impeachment from the East African Legislative Assembly’s Speaker’s seat”.
On its part, Mwananchi of Mwananchi Communications Ltd publishes an article by Filbert Rweyemamu in its Sunday edition (February 5th, 2017) titled “Spika Zziwa ashinda Kesi” (loosely translated to “Speaker Zziwa wins case”).
The headlines and certain sections of the said articles in both newspapers are not factual. Both pieces construe and paint a picture of a change of leadership at the Assembly, thereby causing confusion in the minds of readers and stakeholders in the United Republic of Tanzania, the EAC region and beyond. In fact, the Public Relations Office of EALA and a number of EALA Members, have been inundated by calls from concerned citizens on the matter, with many seeking to know the way forward for the Assembly.
It is therefore important to (re)state the facts as they stand and to request the respective Media Houses to immediately correct the anomaly.
THE FACTS AS THEY STAND
The Judgment of Reference No 17 of 2014, of Hon Dr Margaret Nantongo Zziwa versus the Secretary General of the EAC, was delivered by Judges of the First Instance Division of the East African Court of Justice (whose bench constituted Hon Lady Justice Monica K. Mugenyi, Principal Judge, Hon Justice Isaac Lenaola, Deputy Principal Judge, Hon Justice Faustin Ntezilyayo, Hon Justice Fakihi A. Jundu and Hon Justice Adduce Ngiye) on Friday, February 3, 2017.
The said judgment is premised on the Amended Reference by the Applicant (Hon Dr Margaret Nantongo Zziwa) filed on April 14th, 2014, that challenged (her) removal from Office of the Speaker, citing the procedure adopted by the Assembly, flouted provisions of the Treaty for the Establishment of the East African Community as well as rules of natural justice.
It is instituted against the Secretary General (Respondent) of the East African Community (EAC) who is sued in a representative capacity on behalf of the EALA, as provided for under Article 4(3) of the Treaty for the Establishment of the East African Community.
At the hearing, the Applicant was represented by Messrs Jet Tumwebaze and Justin Semuyaba, while Mr Stephen Agaba appeared for the Respondent.
In determining the case, the EACJ (the Court) pronounced itself on a number of issues;
Issues 1 & 2:Whether the Assembly’s Rules of Procedure were followed by EALA in the suspension of the Applicant from the Office of the Speaker, and whether the proceedings were null and void and ought to be set aside and whether the appointment or election of a temporary Speaker was in conformity with the Treaty and the Assembly’s Rules of Procedure.
Issue 3: Whether the actions, proceedings and findings of the Committee on Legal, Rules and Privileges and the eventual removal of the Applicant as Speaker were in conformity with the provision of Articles 53 & 56 of the Treaty and Rule 9 and annex 3 of the Assembly’s Rules of Procedure as well as rules of natural justice.
Issue 4:Whether the grounds for removal of the Speaker presented to and investigated by the Committee on Legal, Rules and Privileges were the grounds envisaged under Article 53 of the Treaty.
Issue 5:whether the Applicant is entitled to the remedies sought (which include; reinstatement in the position of the Speaker, recompense by way of special, general and exemplary damages and compensation for lost earnings and costs incurred in prosecuting the case, and an order quashing the actions of the EALA in removing the applicant from the Office of the Speaker).
The official Judgement which is hereby attached and is also obtainable from the EALA (www.eala.org) and EACJ (www.eacj.org) websites for further perusal by interested parties and stakeholders.
The Office of Public Relations, EALA, hereby wishes to clarify the following based issues on the Judgement;
the Court did NOTgrant the Applicant (Hon Dr Margaret Nantongo Zziwa) an order of reinstatement to the Office of the Speaker;
the Court did NOTgrant the Applicant (Hon Dr Margaret Nantongo Zziwa damages as sought for;
the Court RULEDthat each Party (Applicant and Respondent) shall bear its own costs.
The Applicant in (her) own rights, is granted an opportunity of appeal at the Appellate Division of the EACJ and for which, is yet to do so.
THEREFORE:
It is important to state for the record and for avoidance of doubt, that Rt Hon Daniel F. Kidega continues in his duties as the Speaker of the Assembly. Such tenure ends on June 4th, 2017, together with that of all Members of the 3rd Assembly.
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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.
East African Court of Justice; Arusha, Tanzania; 06 February 2017:
The First Instance Division on Friday last week delivered a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community.
The Court in its judgement declined to grant the orders to reinstate Hon. Margaret Nantongo Zziwa to the position of the Speaker of the East African Legislative Assembly (EALA).
The Court said that, its mandate is to interpret and apply the Treaty as it is stated under Article 23 and 27 of the Treaty for the establishment of the EAC within the Principles set out in Articles 6, 7 and 8 of the Treaty. Further that one of the principles in Article 6 (d) which is that of democracy and rule of law, which necessarily include the principle of separation of powers and therefore it cannot be seen directing EALA on how it should conduct its business hence it was unable to grant the order.
Also the Court declined to grant orders on special and general damages to the Applicant, it found out that the Applicant have contravened Rule 9(6) of the Assembly’s Rules of Procedure, which action might have triggered other actions, some patently unlawful. Still that she (Hon. Zziwa) cannot then be seen to benefit from her role in the procedural impasse that dogged the Assembly. Rule 9(6) states that; “The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceeding”
The Court added that given the interpretative jurisdiction of the Court as depicted in Article 23 and 27 of the Treaty. That it found no legal provision in this Court’s Rules of Procedure for the award of damages as a remedy. The Applicant had asked Court an award of special damages in form of loss of earnings of a salary of USD 6,700 per month and housing allowance of USD 3,000 per month, plus other allowances and financial benefits.
The Court further declined to grant an award of costs in the matter, that the Applicant’s flout of Rule 9(6) of the Assembly by presiding a matter in her own cause and that her conduct as the steward of the Assembly, could have triggered the unfortunate series of the events of her removal. Court ordered each party to bear its own costs.
However, on the other hand the Court also declared that the sitting of the Assembly on 26th November 2014 presided over by a temporary Speaker, an entity and office unknown to the Treaty and the Rules of Procedure of the Assembly was unlawful and violated Article 56 of the Treaty. Article 56 states that; “Presiding in the Assembly; a) the Speaker of the Assembly; or b) in the absence of the Speaker of the Assembly, such elected member of the Assembly as the elected members may elect for the sitting”
In addition to the above, the Court also found that the Committee on Legal Rules and Privileges, in allowing Members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should in fact be removed, violated the basic rules of natural Justice that an accuser cannot also be the judge in proceedings against the accused. Further that any real or perceived bias on the part of the Committee invalidated its proceedings. The Court added that having made the findings regarding the composition of the Committee and its proceedings, it follows that its report, whatever the merit thereof, was rendered invalid.
The judgement was delivered by the Honourable Judges of the First Instance Division, these include; Hon Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
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For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: 255-27-2162149 Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 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.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
A one-day meeting between the East African Community (EAC) Secretariat and the United States Agency for Development (USAID) on the operationalization of the five-year Regional Development Objectives Grant Agreement (RDOAG) kicked off at the EAC Headquarters in Arusha, Tanzania today.
USAID granted EAC US$194 million under the RDOAG which was launched in November last year, monies that will be spent on shared development goals over the next five years.
Speaking during the opening session of the meeting, USAID Deputy Mission Director for Kenya and East Africa, Ms. Candace Buzzard, said the RDOAG provides for: changes in the way USAID will do its business; strengthen USAID-EAC Partnership; stronger collaboration, coordination and communication, and; institutional strengthening.
Ms. Buzzard said USAID will coordinate more closely with the EAC to ensure better delivery of project goals. In his remarks, EAC Secretary General Amb. Libérat Mfumukeko noted that USAID’s gesture had sent a strong signal of its desire to support the Community attain its goals.
Amb. Mfumukeko said the USAID contribution would enable the Community to achieve many things. Out of the US$194 million, about US$30 million will finance institutional strengthening within the EAC Secretariat while the remainder will support other development partners in their efforts to contribute to the EAC regional integration agenda.
Among the sectors to be funded under the RDOAG include health, environment and natural resources, climate change, trade, security of populations and energy.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The Food and Agriculture Organization (FAO) of the United Nations and the East Africa Community (EAC) have signed a Grant Agreement intended to promote urban and rural agriculture and agribusiness to improve youth employment in the region. The total budget of the Grant is US$ 440,000 for one year.
The agreement, which took place on the margins of the 28th African Union Summit themed “Harnessing Africa’s Demographic Dividend by Investing in Youth”, was signed by Amb Libérat Mfumukeko, the Secretary General for EAC and Dr. Patrick Kormawa, the Subregional Coordinator for Eastern Africa and FAO Representative to the AU and UN Economic Commission for Africa. The EAC Deputy Secretary General for Political Affairs, Mr. Charles Njoroge accompanied Amb. Mfumukeko during the brief ceremony held at the AU Headquarters.
The agreement allows FAO and EAC to find a path for young people to secure decent work opportunities, as well as explore innovative e-business models in the agricultural sector.
Amb. Mfumukeko in his remarks highlighted the positive impact of the agreement by saying “the cooperation with FAO was long overdue, and the current support will go a long way in addressing pertinent issues in East Africa where agriculture is the way of life.”
Despite relatively high economic growth in the Partner States of the East African Community (EAC), youth unemployment remains a great concern for the region, as it slows down economies and causes social problems.
The two institutions have the tools to respond to unemployment in the EAC region. FAO has developed the expertise on youth, agriculture, livelihoods and migration. EAC, on its part, has prepared its Youth Policy, a corner stone for many emerging public and private initiatives.
Dr. Kormawa, in his address, emphasized the role of the partnership on youth “This Technical cooperation project (TCP) addresses one of the most pressing issues of job creation for youth in the sub region, we at FAO believe that youth employment in agriculture and agribusiness is a way of lifting a significant number of youth out of unemployment and poverty”, he stated.
The agreement aims to enhance the capacity of the target countries and the EAC Secretariat to develop and implement youth-in-agriculture initiatives and to improve the East African youth’s access to information, resources and employment opportunities in the agricultural sector.
Key activities of the new intervention would include the development of a sub-regional strategy and country action plans for promoting decent employment for youth in the agricultural sector; the elaboration of a framework for sustainable youth employment initiatives, the dissemination of best practices, business models and opportunities for youth, and the support to scaling e-business models in agriculture.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The meeting of the East African Community Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) kicked off at the EAC Headquarters in Arusha, Tanzania today.
The SCTIFI meeting which will run from 30th January to 3rd February, 2017 has drawn participants from all EAC Partner States namely Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda.
The five-day meeting which began with the Session of Senior Officials will also include the Session of the Coordination Committee (comprising Permanent/Principal Secretaries) and culminate with the Session of Ministers.
High on the agenda of the meeting are the consideration of Progress Reports on: the EAC Single Customs Territory; the Development of a Framework for the EAC Customs Bond, and; the Development of the Customs Valuation and Risk Management System.
The meeting will also consider: Proposed EAC Information System for Customs and Trade; Report of Experts on Chapter 15 of the Revised EAC Rules of Origin; Development of Product Identification Bulletins; Progress Report on the Comprehensive Review of the EAC Common External Tariff and EAC Rules of Origin, and; Draft Regulations on Motor Vehicle Assembly within the region.
EALA has enacted two pieces of legislation. The EAC Prohibition of FGM Bill, 2016 and the Administration of the East African Court of Justice Bill, 2016, sailed through as the House adjourned.
The EAC Prohibition of FGM Bill, 2016, moved by Hon Dora Byamukama, is seen as critical in outlawing the cultural practice. The Bill states that the culture of FGM brings with it a number of complications including early child marriage and defilement and health complications that sometimes lead to transmission of HIV and AIDS, death and injuries to those who bear the practice.
The enactment of the Bill was preceded by the adoption of the Report of the Committee on Legal, Rules and Privileges on the Bill. The Report was presented by Hon Martin Ngoga on behalf of the substantive Chair, Hon Peter Mathuki.
The Committee noted in its findings that the practice of Female Genital Mutilation persists in some communities such as the Kadama and Tepeth of Uganda, the Pokot and Mount Elgon Maasai (Sebeny and Kalenjin) of both Kenya and Uganda, the Maasai from Tanzania, as well as the immigrants including the Somali and Ethiopian Communities.
The Committee further observed that the practice of FGM is a cross-border practice which requires co-operation and collaboration of EAC Partner States in order to effectively implement the law and eventually eliminate it.
In its methodology, the Committee reviewed literature relating to FGM on the one side and considered stakeholders’ views from the Consultative meetings on the Bill held during the 3rd Sensitisation program held in the Partner States from 27th October to 7th November, 2016.
The Report was supported by Hon Dr Martin Nduwimana, Hon Susan Nakawuki, Hon Shyrose Bhanji and Hon Tiperu Nusura.While addressing EALA at A Special Sitting on January 17th, 2017, H.E. Yoweri Museveni castigated those who practice FGM terming it as an outdated cultural practice.
The second Bill, the Administration of the East African Court of Justice (EACJ) Bill, 2016 also sailed through. The Bill moved by Hon Chris Opoka seeks to operationalize the provisions of the Treaty relating to the EACJ, to strengthen its judicial independence, establish structures of administration and provide for employment and disciplinary control of the Court’s employees and other matters incidental to the Court.
The Legal and Privileges Committee reviewed literature related to the Court and held interactive discussions with the mover and the Registrar of the EACJ, His Worship, Yufnalis Okubo.
The Committee observed that the Bill would strengthen judicial independence of the EAC and promote the separation of powers within the EAC.
Judicial independence is one of the fundamental elements of a successful democracy and cannot be achievable if the independence is undermined.The Council of Ministers did grant financial and administrative autonomy to the Court and the Assembly therefore a Bill of this nature would enable the Court to attain autonomy.
Supporting the Motion were Hon Abubakar Zein and Hon Taslima Twaha.
