The East African Court of Justice’s Appellate Division heard an appeal filed by Mr. Simon Peter Ochieng and John Tusiime (the Appellants, both Ugandans) challenging the decision of the First Instance Division which was delivered on 17th August, 2015.
The matter came for the bench of the Appellate Division that includes Honourable Justices Dr. Emmanuel Ugirashebuja (Judge President); Liboire Nkurunziza, (Vice President); Justice James Ogoola; Justice Edward Rutakangwa; and Justice Aaron Ringera.
The Court’s First Instance Division when delivering its judgement had ruled that the President of the Republic of Uganda had not arbitrarily refused to appoint the Judges of the High Court, Court of Appeal and Supreme Court of Uganda. The Appellants in their petition hold that the First Instance Division erred in law and urged the Appellate Division to overrule the decision of the lower Court.
The Counsel for the Appellants, Mr. Ladislaus Rwakafuzi, submitted that the First Instance Division held that the Applicants had not proved that the President of Uganda had not arbitrarily refused to exercise his power in appointing the Judges of the Supreme Court and Court of Appeal because the appointment of Judges was an ongoing process because it included pre-appointment, exercising due diligence by the President who is the appointing authority.
The First Instance Division further ruled that there was lack of resources particularly a need for a certificate of financial implication and that the Judges could not be appointed without the certificate of financial implications. It also held that the President had not received the recommendations of the Judicial Service Commission (JSC).
Lawyer Rwafakuzi reiterated his previous submissions before the lower court that the President of Uganda was exercising powers he didn’t have when he refused to appoint the number of Judges as recommended to him by the (JSC) particularly the Justices of the Court of Appeal and the Supreme Court by 23rd December, 2013 when the Appellants filed their case before the Court. He added that by that time, the Court of Appeal had only seven (7) Judges instead of fifteen (15), and the Supreme Court had five (5) instead of eleven (11).
Rwakafuzi submitted that Ms. Christine Kaahwa, the Counsel for the Respondent, had in the hearing of this case before the First Instance Division, filed a letter from the JSC that there was already an appointment of the Chief Justice and the Deputy Chief Justice and that they were planning to appoint seven (7) more Justices for the Court of Appeal and six (6) more Judges for the Supreme Court, which the Applicants thought to be an admission that there was a failure of appointment of judges, a Respondent’s argument that was accepted, that the appointment of Judges was ongoing.
The Appellant’s lawyer further said that it was well known that when the Judges are appointed, they were of different ages at the time they are appointed and that it is within the law as to when those Judges will retire and therefore it cannot be surprising to any establishment as to when there will be a vacancy, that vacancies are known before hand. Rwakafuzi added that, for a government to wait to have Judges that go so much below the number that is required by the Constitution, was governance issue and that is why the Appellants came to Court and thought that it was an arbitrary exercise of power and interferes with the independence of the Courts.
Rwakafuzi again said that, the Supreme Court is established by Article 30 of the Constitution of Uganda, which provides that “the Supreme Court shall consist of the Chief Justice and such number of Justices not being less than six (6) as Parliament shall by law describe.”
He also said that the Judicature Act was amended in 2011 to increase the number of the Supreme Court Judges to eleven (11) and that the JSC forwarded the names of the Persons for appointment to the President accordingly, that therefore the refusal of appointment of Judges as recommended by the JSC and as required by the law was arbitrary refusal and an infringement of the Treaty for the establishment of the East African Community under Article 6 (d) and (e). The Applicant asked Court to find that the President acted arbitrarily.
On her part, Ms. Kaahwa, the Counsel for the Respondent submitted that, the Budget Act of Uganda, Section 10 states that “every bill introduced in Parliament shall be accompanied by its indicative financial implications if any on revenue and expenditure for the period of two years after coming into effect.” Ms. Kaahwa contended that the Section shows the estimates of what it would cost to implement the provisions of the Act but it does not show specifically that that money has been set aside, but an estimate for the appointments to effect those appointments.
She also submitted that since the Judicature Act provides the Judges of the Supreme Court to be nine (9) and the Court of Appeal to be fifteen (15), the appointment was work in progress and that there were no time frames within which to appoint those Judges and the First instance Division agreed with the Respondent’s argument.
Ms. Kaahwa concluded by asking the Court to uphold the judgment of the First Instance and also find that those are internal mechanisms which this Court should not be going into. She also added that this is still a public interest litigation and each party should bear their costs.
The East African Legislative Assembly (EALA) resumes its Sessions in Arusha, Tanzania, next week. The First Meeting of the Fifth Session of the Third Assembly takes place from Monday, August 22nd 2016 to Friday, September 2nd 2016.
The Assembly is to be presided over by the Speaker, Rt. Hon Daniel F. Kidega. Top on the agenda during the two-week period is debate on the Report of the Committee on Accounts on the EAC Audited Accounts for the Financial Year ended 30th June 2015. The report which examines and considers the EAC Audited accounts for the year ended 30th June 2015, arises from the audit of the EAC Organs and Institutions including 20 projects and Programmes and this in accordance with Article 134 of the Treaty for the Establishment of East African Community.
Upon completion of the audit, the EAC Council of Ministers tabled the Report of the Audit Commission to the House on 24th May 2016. The Audit Commission’s report which indicates that the overall budget performance stood at 65% is set for debate at a time when the Community is facing a precarious funding situation.
The House is further expected to consider a Report of the Committee on Agriculture, Tourism and Natural Resources on the oversight activity on the Tourism in the EAC Region. Also coming up for debate during the two-week period is yet another report of the Committee on Agriculture, Tourism and Trade, this time on the oversight activities on poaching in the EAC Region.
As part of its engagements with the other stakeholders in the region, EALA will similarly receive a key report on youth matters at the EAC, a culmination of research undertaken by the East African Institute (EAI), a think-tank under the aegis of the Aga Khan Development Network (AKDN).
Also on the cards is yet another presentation by the Organisation for Social Science Research in Eastern and Southern Africa (OSSREA) on Horizontal Accountability of the Executive to the Legislature in African perspective.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. At the same time, the Assembly works closely with various stakeholders and receives petitions on matters of relevance to the Assembly.
H.E. President Yoweri Kaguta Museveni says the region is committed to realizing full integration and in the same vein, wants the regional Assembly to fully sensitize citizens on the benefits.
The President held cordial discussions with the Speaker of EALA, Rt Hon Daniel F. Kidega at State House, in Entebbe last night.President Museveni was categorical that EAC would arrive at the Political Federation as the ultimate pillar of integration. He noted that one of the mandates of the Assembly was to sensitize citizens on the benefits of full integration.
The Speaker urged President Yoweri Museveni to do all that it takes towards ensuring stability and normalcy resumes in Burundi. While lauding the dialogue process, the Speaker called for intensification and an all-inclusive approach in the dialogue framework. The Speaker who gave a detailed account of EALA’s involvement in seeking for solutions in Burundi, said more attention in the dialogue process was key.
“I and the Assembly request you to intensively focus on Burundi to restore normalcy”.
He said the Assembly was demanding for an independent inquiry into the death of Hon Hafsa Mossi, in Bujumbura on July 13, 2016, as resolved during the Special Sitting.
On South Sudan, the Speaker sounded the Assembly’s concern over recent developments, while affirming that resolving challenges in the sister Partner States was part and parcel of enhancing the spirit of integration.
On the precarious funding situation at the EAC, Rt Hon Kidega said it was now time for the bloc to embrace sustainability mechanisms as a key survival strategy.“The Summit has agreed in principle that EAC adopts an alternative funding strategy and that such be pursued to ensure sustainability. The Council of Ministers is reviewing the options – but the pace is indeed slow. Excellency, we plead that the matter be fastracked”, Rt Hon Kidega said.
At its meeting in Arusha last week, the EAC’s Finance and Administration Committee took note of the funding situation at the bloc and urged Partner States to settle the arrears and the instalments of the contribution for the current financial year to ease the liquidity challenges.
“The Finance and Administration Committee recommends to the Co-ordination Committee to recommend to the Council to direct the Republic of Burundi, the Republic of Uganda and the United Republic of Tanzania to pay their outstanding contribution for the financial year 2015/2016,” a section of the report read.
The Speaker further urged the region to review its stance on the Economic Partnership Agreements (EPAs) given the recent developments in global trade.
“Excellency, the region is seized of the matter of the EPAs given a number of recent developments. The main one concerns the Brexit and its implications which we as a region need to take cognisance of. The other concerns the decision by the EU to embargo/blockade the Republic of Burundi from enjoying the benefits of trade. EALA has enacted Trade Negotiations Act, 2008 that among other things calls for joint negotiations of Treaties that are of benefit to the bloc”, the Speaker said.
He remarked that the region would be unable to favourably compete if the subsidies on Agriculture on EU products.
“The region needs to move as a bloc in the matter in order to safeguard its interests. I hope a decision can be arrived at soon”, he added.
On his part, President Museveni said the region was on verge of economic take-off and such breakthrough would be realised by extending exports and diversification of products beyond the EU markets.
As part of ensuring investor confidence in the region, the Speaker informed H.E. Yoweri Kaguta Museveni that the Assembly was keen on enacting a piece of legislation that safeguards interests of investors and provides for compensation in event of damage. On the other hand, such a law should ensure safeguard of local content in terms of use of materials, manpower, technology transfer among other areas.
“Our discussions with Private Sector stakeholders have since shown their interests in an Investments Law. We shall work with the Council of Ministers to see that either an Executive Bill or a Private Member’s Bill is introduced”, he said.
A group of 14 adventurous cyclists who are on a five-day bicycling tour of the East African Community region were this morning flagged off on another leg of their long journey from the EAC Headquarters in Arusha, Tanzania by the EAC Deputy Secretary General in charge of Political Federation, Mr. Charles Njoroge.
The cyclists who left the Ugandan capital, Kampala on 1st July, 2016 on a two month tour of the five EAC Partner States are on a mission to sensitize ordinary East Africans in addition to creating awareness on the EAC integration process.
The team – whose trip is dubbed Tour D’EAC passed through left Nairobi on 8th July, 216 where they visited the State Department of East African Integration headquarters in Nairobi. They then came to Arusha via Namanga after several stopovers including Kajiado.
The group members who embarked on the trip without sponsorship do not spend the night in hotels but in public places including police stations, schools, churches and camps. They also prepare their own food. They endeavour to spend time with communities while educating and informing them about the integration process.
Briefing Mr. Njoroge on their itinerary, the group’s leader, Mr. John Balongo, said they had embarked on the trip after realizing that most East Africans including critical groups such as the media, police and students at all levels were ignorant about the EAC integration process.
Mr. Balongo said they had noted that knowledge about the East African integration was limited to a select group of top government officials but not the people at the grassroots who have no information on what the integration entails.
“We have come across security personnel and students who don’t know what the EAC is all about. Many do not even know what the EAC Partner States are. We therefore need to actively involve communities in the integration so that they can own the process,” said Balongo.
He said their ambition is to make the event biannual in addition to involving cyclists from the other four Partner States to make participation in the event fully regional.
Receiving the group, Mr. Njoroge described their initiative as novel, brave and inspiring saying it would go a long way in marketing the EAC integration to the people at the grassroots.
The DSG said the initiative was in line with various directives by the Summit of EAC Heads of State to the EAC Secretariat and Partner States’ governments to educate the ordinary folk on the integration.
Mr. Njoroge said the EAC would look at ways of supporting the initiative including financing making it an annual event in collaboration with other stakeholders. Mr. Njoroge later on flagged off the group whose next destination is Bujumbura, Burundi.
The team is expected in Bujumbura on Sunday, 21st August, 2016 and Kigali, Rwanda on Thursday, 25th August, 2016. From Kigali, the group will travel through Kabale, Mbarara, Masaka in Western Uganda before arriving at the Sudanese Embassy in Kampala on 31st August, 2016.
Thursday, 1st September, 2016 will be the grand finale of the tour with a Closing/Awards Ceremony in the Ugandan capital city.
The Armed Forces of the EAC Partner States (Kenya, Uganda, Tanzania, and Rwanda) are staging the 10th Edition of the EAC Military Games and Cultural Event 2016 from 5th August to 18th August 2016 at the Amahoro National Stadium in Kigali, Rwanda.
Officiating at the official opening of the event on 8th August 2016, the Hon. Minister of Defence of the Republic of Rwanda, General James Kabarebe said it was an honour for Rwanda to host the event, which is another milestone in attaining a common vision for the region. General Kabarebe commended the Defence Forces of the Partner States for keeping alive the vision of the forefathers of the Community.
At the same occasion, the EAC Deputy Secretary General (Political Federation), Mr. Charles Njoroge, on behalf of Amb. Liberat Mfumukeko, the Secretary General of the East African Community said the Military Games and Culture Event was being organized within the framework of EAC Co-operation in Defence in accordance with Article 125 of the Treaty which included among others cultural exchanges and sports competitions to enhance co-operation and spirit of comradeship amongst Armed Forces of the EAC.
He informed the well-attended official opening ceremony of the Games that the implementation of the Protocol on Cooperation in Defense Affairs had been one of the most successful and exemplary programmes in the EAC integration process.
“We at the EAC Secretariat consider this to be a significant achievement and indicator of the good progress we are making in pushing the Integration agenda forward”, noted the DSG. He hailed the Chiefs of the EAC Partner States Defence Forces for their dedication and for the big strides made towards the realization of the aspirations of the Protocol on Cooperation in Defence Affairs and specifically for the elaborate programme they have put in place towards confidence building and solidarity of EAC Armed Forces.
The EAC official reiterated that peace and security were the prerequisites for social and economic development and with the rising security challenges world over, there was need to build strong Armed Forces within the EAC that can work together to face both the internal and external challenges to the development and progress of the Community.
“East Africans continue to look upon the Military to show the way forward especially towards the promotion of peace and solidarity and we must never fail them”, affirmed Mr. Njoroge.
Rwanda’s Chief of Defence Staff, General Patrick Nyamvumba welcomed the various contingents from the Partner States and reiterated Rwanda commitment to the regional integration process and the games and cultural events in particular.
The Deputy Chief of Uganda Peoples Defence Force, Lt. General Charles Angina is leading the Uganda contingent, Major General Issa Suleiman Nassor is heading the Tanzanian contingent, while Lt. General Joseph Kasaon, the Vice Chief of the Kenya Defence Forces is leading his country’s contingent.
More than 400 men and women in uniform are participating in the following Sporting Disciplines; Football (Men), Basketball (Men), Netball (Women), Handball (Men), Cross Country (Women), and Cross Country (Men).
The President of the Senate, Rt. Hon. Bernard Makuza officiated the opening footbal match in which the defending champion Rwanda lost to Kenya 1-0.
EALA Speaker, Rt Hon Daniel F. Kidega yesterday met with the President of the Senate of Rwanda, H.E. Bernard Makuza at his Chambers in Kigali, Rwanda.
The two leaders underscored the need for peace and security in the region terming it a necessity for the EAC to realise its objectives. Speaker of EALA, Rt Hon Daniel F. Kidega urged the Summit of the EAC Heads of State to move with speed, firmly resolve and put to end the insecurities in Burundi as well as in the Republic of South Sudan, recently admitted into the bloc.
He said the regional Assembly was supportive of the on-going dialogue framework under former President, H.E. Benjamin Mkapa but added that it was vital for all parties to be fully involved and engaged in the process.
The Speaker added that EALA would before end of its tenure in June 2017 undertake a regional study on genocide ideology and hate speech. The Assembly according to Rt Hon Kidega is to establish a Select Committee to carry out the study, commissioned following a series of resolutions by the Assembly condemning genocide, its ideology and denial.
The Resolution on the study, moved by Hon AbuBakr Ogle, urged the EALA Commission, to establish a seven-member team which will, among others, look at the security ramifications of genocide ideology and attempts to deny or minimise its scale and severity.
Rt Hon Kidega further remarked that EALA would scale up on its sensitization and outreach program in the region saying citizens stood to benefit immensely.
“EALA held holding successful outreach engagements with stakeholders in April and June 2016, in Rwanda and in all the Partner States and this is an area we shall enhance in the future” he said.
The EALA Speaker also seized the opportunity to brief his counterpart, Rt Hon Bernard Makuza on the Assembly’s progress.
On his part, Rt Hon Bernard Makuza hailed EALA for taking its rightful place in strengthening the integration process. He maintained that decorum was key in all democratic Parliamentary institutions as a way of accommodating diverse views and opinions.
The President of Senate urged EALA to take sensitisation of citizens a notch higher saying many citizens were yet to fully appreciate the accrued benefits of integration.
Rt Hon Makuza added his voice to finding sustainable mechanisms for Regional Economic Communities (RECs) to address the often funding constraints.
Responding to the media on claims that Burundi had barred trading of commodities along its borders with Rwanda, Rt Hon Kidega said the Assembly would investigate on the issue in order to ascertain the facts.
“The Communications Trade and Investment Committee shall ascertain the facts, however, it is important to add that the region is implementing the Customs Union and the Common Market and it would be counterproductive for Partner States to deprive citizens of the associated benefits”, Rt Hon Kidega remarked.
The East African Community Secretariat has kick-started assessment of supply capacities for textiles, apparels and leather products in the region to facilitate planning for the phasing-out of the second hand leather and apparels products in line with the Directive of the 17th EAC Heads of State Summit, with the visit by the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Jesca Eriyo to A to Z Textile Mills Limited located in Arusha, Tanzania, on Friday 5th August 2016.
The Deputy Secretary General was accompanied by key officials under her docket namely; the Director of Productive Sectors, Mr. Jean Baptiste Havugimana; the Principal Industrial Economist, Mr. George Ndira; the Principal Agricultural Economist, Mr. Moses Marwa; the Senior Export Promotion Officer, Ms. Emmanuella Hakizimana; EAC-UNIDO Programme Coordinator, Mr. Johansein Rutaihwa; the EAC Consultant undertaking the study on Textiles and Leather Value Chains, Dr. Onesmo Shuma.
The EAC delegation met and held talks with the CEO of A to Z Textile Mills Limited, Mr. Anuj Shah, who was accompanied by Dr. Johnson Ouma Odera, the Director for Africa Technical Research Centre and other Directors and senior staff.
The EAC and A to Z Textile Mills Teams discussed extensively and toured the company facilities to assess capacity, quality and variety of products available that could be locally produced as per the Summit directive. Hon. Jesca Eriyo noted that as EAC plans to phase-out second-hand clothes/shoes (SHCs), it was crucial to engage the industry players to seek their opinion on the most effective strategies to do it while ensuring steady availability of apparels and leather products to meet the demand for the region. "It is equally important to gauge the level of preparedness by the industry to respond to the expected ban and what the industry may need in terms of support measures/incentives to expand investment in order to meet the demand for these products", affirmed the EAC official.
The Secretariat plans to undertake a similar visit to a Leather Tannery in Moshi, as well as to the other EAC Partner States.
The 8th Annual Conference of Speakers has opened in Midrand, South Africa. In attendance at the two-day Conference whose theme is from “Adoption of the African Union Treaties in particular the new Protocol of the PAP” are over 30 Speakers from the National Assemblies and Regional Parliaments in the continent.
The Prime Minister of Lesotho, Rt Hon Bethel Pakalita Mosisili opened the two-day conference.
In his remarks, the Prime Minister reiterated the importance of ratifying the Constitutive Act of the African Union relating to the Pan-African Parliament that empowers the continental Assembly to execute its mandate to accord credence to the AU Policies and programmes.
“African States are urged to sign and ratify the Malabo Protocol. In addition, a balance of legislative powers must be struck between the National Parliaments and the Continental Assembly (PAP) to ensure acceptability as we move towards continental free trade area and continental integration” the Premier said.
The Prime Minister called for popular participation and engagement of citizens in the processes.
“It is absolutely critical that we carry our people along. It cannot and must not be a leaders’ or a Governments’ issue alone. Our people must fully comprehend, accept and own the process. The need for concerted education on the matter cannot be overemphasized. This is so as to avoid a repeat of what happened in Europe – Brexit”, he added.
EALA Speaker, Rt Hon Daniel F. Kidega re-affirmed the need for African Governments to speed up the ratification process of the revised Protocol of the Pan African Parliament. The Protocol among other things, aims at giving PAP opportunity to develop model laws and elections of Members through universal suffrage once the electoral code is in place.
Making key note remarks while presenting a paper entitled; “Plan of Action for PAP to achieve Legislative Powers, Rt Hon Kidega said legislation was a key function of any legislature and called for the harmonious balancing of power and interaction between the Parliament, the Executive and the Judiciary.
“I am informed that 10 countries have already signed the amended Protocol, three have ratified, with only two depositing the Instrument”, Speaker Kidega said.
“It is important to state that Africa is at a crucial time in its development and thus strengthening of AU institutions such as PAP, will improve integration of the continent”, he added.
Rt Hon Kidega further remarked that integration was only bound to proceed if it is people-centred.
“For any results to be tangible, felt and seen, it must be people-centred. It is recognised that one of the causes of the collapse of the first EAC (1967-77), was the low level of involvement of stakeholders in their activities. This is why the new arrangement emphasises popular participation of all stakeholders”, he said.
The EALA Speaker cited the need for adequate research, strengthening of Committees and advocacy to enhance the uptake of model laws as fundamental in leveraging the PAP.
The Heads of State and Governments of the African Union adopted the amended Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament on June 27th, 2014 at its Twenty-Third Ordinary Session held in Malabo in Equatorial Guinea. According to the Resolution, the amended Protocol requires 28 ratifications from AU Member States for it to come into force.
President of the PAP, H.E. Roger Nkodo Dang remarked that it was necessary for the Continent to ratify all legal instruments as an act of faith for the African Union and enable Africa Union to be on stead with regards to realising
Agenda 2063 of the African Union.
He said PAP was committed to ensuring Africa finds solutions to the myriad of problems including terrorism, peace and security to strengthen integration. He informed the Assembly that adequate resources would ensure PAP realizes its mandate as set out.
Prof Vincent O, Nmehielle, Legal Counsel and Director of Legal Affairs at the African Union Commission, said a stronger PAP would promote the principles of human rights, good governance and accountability in individual Member States, which in turn sets a tone for peace and stability.
He reiterated that there is need to identify the challenges or limitations faced by States in the ratification processes.
Some of the Regional Speakers in attendance include Speaker of the Parliament of Uganda, Rt. Hon Rebecca Kadaga and the President of the Burundi Senate, Rt. Hon Reverien Ndikuriyo as well as Members of the PAP representing the Republics of Kenya, Rwanda, Uganda, Burundi and Rwanda.
In December 2015, EALA passed a Resolution urging EAC Partner States to speedily ratify the Protocol to the Constitutive Act of the African Union relating to the Pan African Parliament. The Resolution further called on PAP to fast track the election of its Members by universal adult suffrage once it becomes a fully legislature to further consolidate the aspirations of Africans for greater unity, solidarity and cohesion in a larger community in light of the rich African diversity.
The Secretary General of the East African Community, Amb. Liberat Mfumukeko today received a delegation from the Aga Khan University led by Mr. Al-Karim Haji, the Vice President, Finance and Chief Financial Officer.
The AKU Vice President was accompanied by Mr. Amin Kurji, the Resident Representative for the Aga Khan Development Network for Tanzania and the EAC; Prof. Sharon Brownie, the Dean, School of Nursing and Midwifery, Aga Khan University; and Mr. Neil Bailey, the Senior Manager, Multilateral and Bilateral Relations.
The Secretary General was accompanied by his Deputy in charge of Productive and Social Sectors, Hon. Jesca Eriyo and other senior officials from the Secretariat.
The Vice President of AKU conveyed His Highness the Aga Khan's congratulatory message to Amb. Liberat Mfumukeko upon his appointment as the Secretary General of the East African Community. His Highness assured the Secretary General of his and AKDN's continued collaboration and support and wished him successful tenure.
The Secretary General and his guests explored how to enhance collaboration between AKU and EAC in the areas of Nursing and Midwifery, as well as Media and Communications. The EAC and the Aga Khan Development Network (AKDN) have built a strong collaboration over the years. The AKDN is viewed by the EAC as playing a meaningful role in the social and economic development within the bloc.
AKU as part of AKDN, has had strong support from the EAC Secretariat, which led to two grants from the Federal Republic of Germany (BMZ/KfW) being channelled to AKU via the EAC for Nursing and Midwifery and Media & Communications studies.
