…Isles to play host to 3rd Assembly for the first time
The East African Legislative Assembly (EALA) shall hold its Sitting in Zanzibar, Tanzania, next week. The Plenary which takes place from Monday, October 10th, 2016 to Friday, October 21st, 2016, is the Second Meeting of the Fifth Session of the Third Assembly.
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 the Special Sitting on Tuesday, October 11th, 2016, which is expected to be addressed by the President of Zanzibar and Chairman of the Revolutionary Council, H.E. Dr. Ali Mohamed Shein.
This is the first time the 3rd Assembly is meeting in Zanzibar as part of its rotational principle. The 2nd Assembly on its part held a Sitting in Zanzibar in December 2007.
The Assembly is expected to dispense with three key Bills, the EAC Trafficking in Persons Bill 2016, the EAC Polythene Materials Control Bill 2016 and the EAC Gender Equality and Development Bill 2016.
The EAC Counter-Trafficking in Persons Bill, 2016, seeks to provide a legal framework, develop common measures, strategies and programmes to the prevention of trafficking in persons and the perpetrators of such actions. The Bill is being debated at a time when the region and the globe are reeling from major effects of counter-trafficking in persons.
The Bill is to further develop partnerships for co-operation in counter trafficking in persons and provision of protection mechanisms and services for persons. At the Sitting in Dar es Salaam in March 2016, the Assembly committed the crucial Bill to the Committee stage.
The EAC Polythene Materials Control Bill, 2016 moved by Hon. Patricia Hajabakiga, aims at providing a legal framework for the preservation of a clean and healthy environment through the prohibition of manufacturing, sale, importation and use of polythene materials. The Bill was re-introduced during the Sitting held in August 2016 in Arusha, Tanzania.
The EAC Gender Equality and Development Bill 2016 on its part, sets out to make provision for gender equality, protection and development in the Community.
According to the mover, Hon. Nancy Abisai, the Bill seeks to consolidate and harmonise the various commitments on gender equality that have been made at regional, continental and international levels in the context of the EAC.
The EAC Partner States appreciate the importance of women and men’s participation in the integration process of the EAC. At the same time, the Partner States are signatories to and should adhere to the instruments and take cognizance of emerging threats such as feminization of poverty, globalization, and gender based violence – all of which impact negatively on citizens.
The House shall also be furnished by a number of reports. They include Reports of the Committee on Communication, Trade and Investments, the Committee on Regional Affairs and Conflict Resolution and the Committee on Legal, Rules and Privileges. The Committee on Agriculture, Tourism and Natural Resources and the General Purpose Committee shall also be tabling their reports.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The Secretary General of the East African Community, Amb. Liberat Mfumukeko, today received credentials from the Ambassador of the Republic of Ireland to the United Republic of Tanzania, H.E Ambassador Paul Sherlock, who has also been accredited to the EAC.
In the Ambassador’s accreditation letter dated 30th August, 2016 addressed to the Secretary General of the EAC, the Irish Minister of Foreign Affairs, Mr. Charles Flanagan, appoints Amb. Paul Sherlock as the Irish representative to the EAC.
The Secretary General warmly welcomed Amb. Sherlock to the EAC and briefed him on the current achievements in the pillars of the regional integration and development process. He said the Community had expanded tremendously within a short spell of time, which has necessitated the Community to review its institutional set-up and work on sustainable financing mechanism.
Amb. Mfumukeko further informed his guest of the reforms he had instituted within the Organs and Institutions of the Community aimed at cost cutting and prudent financial management.
In his remarks, Amb. Sherlock hailed the Secretary General for the good work he and his team were doing in deepening the regional integration agenda. He said achieving the Customs Union and the Common Market and moving towards a Monetary Union within such a short time for the Community was commendable.
Amb. Mfumukeko and the Irish envoy discussed several issues including the status of the EAC-EU Economic Partnership Agreements (EPAs) and the Inter-Burundi Dialogue. They also explored areas of collaboration in trade and investment, agro-processing, tourism and ICT.
The Secretary General informed Amb. Sherlock that the EAC Secretariat was ready to mobilize and send an EAC Mission to Ireland to meet the Irish Chamber of Commerce and Industry, Tourism and Investment Agencies, and other stakeholders to concretize the specific areas of cooperation.
Also present at the accreditation ceremony were Mr. Robert Hull, the Second Secretary at the Embassy of Ireland in Dar es Salaam, Deputy Secretaries General Mr. Charles Njoroge and Hon. Christophe Bazivamo, and other senior officials at the EAC Secretariat.
The First Instance Division of the East African Court of Justice has dismissed a case filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, the Independent National Electoral Commission of Burundi (CENI) and the Secretary General of the East African Community.
EASCOF had alleged that the decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a term of five (5) years, renewable only once and that no one may serve more than two presidential terms. EASCOF further alleged that the Constitution of Burundi states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable once.
The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Constitution of Burundi, the decision of the Constitutional Court equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty for the Establishment of the EAC. The forum further claimed that the decision of the ruling CNDD-FDD political party to nominate or put forward President Nkurunzinza as a candidate for election to the Office of the President of the Republic Burundi in 2015 violated the Arusha Accord aforementioned and was therefore unlawful.
The Applicant also alleges that the CENI had failed to ensure compliance with the provisions of the EAC Treaty.
The Court in its decision declined the application by the Applicant to interrogate/ review, revise the decision of the Constitutional Court of the Republic of Burundi. It further added that it has primacy in the interpretation of the Treaty but its mandate does not extend to the interrogation/review of the decisions of other Courts in a judicial manner such as being asked by the Applicant of the Constitutional Court in this matter.
EACJ said that the interrogation would require the Court to exercise the appellate Jurisdiction over the said decisions which jurisdiction the Court does not have. The judges observed that the independence of the Courts of Partner States was a paramount principle of the rule of law as envisaged in Articles 6 (d) and 7 (2) of the Treaty, adding that they could not therefore in upholding those principles, interfere with that independence.
On the issue of the CNND-FDD to nominating Mr. Pierre Nkurunziza as its Presidential candidate for election, the Court decided that the issue was time barred. That the decision was made on 25th April, 2015 and therefore any challenge to it pursuant to Article 30 (2) of the Treaty ought to have been filed before it Court on or before 3rd June, 2015. That since the Reference was filed on 6th July 2015, it clearly shows that the matter was time barred.
The Court further averred that it found no evidence that the Secretary General had breached any of his duties in the context of this Reference, adding that the powers and functions of the Secretary General were clearly spelt out in Articles’ 67 and 71 of the Treaty. The judges were therefore hesitant to hold the Secretary General accountable for any action on his part. The Court reiterated the matter was predicated upon a specific decision of the Constitutional Court of Burundi issued on 25th May, 2015 with attendant events. The Court said that there was no plausible reason why the Secretary General was enjoined in this matter.
The Court also observed that the second respondent, CENI, was struck out of the reference that it has never entered appearance, was also improperly enjoined in this matter.
They concluded that the Reference has brought to the fore the continuing and emerging questions regarding the rule of law in Partner States within the EAC. The Court, faithful to its mandate, has found that the present case does not meet the muster of the Treaty and the same has to fail.
The Court closed the matter and ordered each party to bear their own costs.
The judgement was read by Hon. Justice Isaac Lenaola Deputy Principal Judge First Instance Division
The People’s Republic of China has donated US$200,000 to the East African Community Secretariat as part of support to the ongoing Inter-Burundi Dialogue.
Making the announcement at the EAC Headquarters in Arusha, Mr. Gou Haodong, the Minister-Counsellor at the Chinese Embassy in Dar es Salaam, Tanzania reaffirmed China’s commitment to the success of the Burundi peace process.
Mr. Haodong hailed the EAC for playing a leading role in facilitating the talks, adding that China would continue to support the talks until Burundi realized a genuine and lasting peace.
Mr. Philip Wambugu, the Director of Infrastructure at the EAC Secretariat, who received the donation on behalf of the EAC Secretary General, thanked China for its generous contributions which he said have kept the talks going.
Mr. Wambugu said the Summit had at its 17th Extra-Ordinary Meeting held in State House Dar es Salaam on 8th September, 2016 directed the EAC Secretariat to continue mobilizing resources for the purpose of supporting the peace talks.
Also present at the talks were First Secretary at the Chinese Embassy, Mr. Xia Riu Jiu, and Dr. James Njagu, the Chef de Cabinet to the Secretary General.
The EALA Speaker, Rt Hon. Daniel Fred Kidega says the time for the Economic Community of West African States’ (ECOWAS) Parliament to get Legislative powers is now, Such a move, Rt Hon. Kidega notes would be a precursor to capacitate the Legislature to enact laws and respond to demands of the populace of the West African region. Consequently, the EALA Speaker is urging the 4th Legislature to up the push on the adoption and signing of the Supplementary Act on the Enhancement of powers of the said Parliament.
Rt Hon. Daniel Fred Kidega made the remarks on September 22, 2016, as he delivered a solidarity message to the Assembly at the commencement of the 2nd Ordinary Session of the ECOWAS Parliament at the Parliamentary buildings in Garki, Abuja, Nigeria.
He further remarked that it was in the best interest of the bloc to speed up integration to realise the aspirations of the founding fathers of ECOWAS and those of its citizens.
“In order to realise integration to its fullest, this may perhaps be – an opportune moment for the ECOWAS Parliament to transform itself into a legislative body capacitating it to enact laws that can influence change and to respond to the demands of the populations”, the Speaker said.
“I recall with vigour the 3rd Legislature had sought the enhancement of its powers to include the power to legislate in co-decision with the Council of Ministers, representation, budget appropriation and confirmation of statutory appointees of the Community Institutions. The 4th Legislature continues with the spirited campaign for the adoption and signing of the Supplementary Act on the Enhancement of the Powers of the Parliament, which shall give ECOWAS Parliament the desired legislative powers, an initiative that EALA totally and fully supports”, the Speaker added.
He said EALA had contributed to strengthening of the integration process at the EAC - given its legislative powers, by passing over 70 pieces of legislation, all key to upping the stakes for stability and development in the EAC region.
“Having superintended over an Assembly with legislative powers, there are enormous benefits of such an arrangement for the integration process,” he added.
The EALA Speaker remarked that it was also necessary for the discourse on legislative powers to be scaled-up to the continental level. At the moment, the South African based Pan-African Parliament (PAP) is also campaigning for the ratification of the new Protocol that is envisaged to give it powers to pass model laws for the continent. The new Protocol needs at least 28 ratifications to be enforced. At the moment, 10 countries have ratified the instrument but only two have returned (deposited) the same with PAP.
In an aired/televised message, the President of the Republic of Liberia and Chairperson of the Authority of ECOWAS Heads of State and Government, H.E. Ellen Johnson Sirleaf remarked that the ECOWAS Parliament was a catalyst and indeed at the fulcrum of integration.
President Sirleaf who was attending the United Nations General Assembly (UNGA) in New York, USA, maintained that ECOWAS was committed to achieving its 2020 Vision of a borderless and peaceful region, devoid of terrorism and other insecurities, and one that embraces good governance and employs total free movement of persons in the bloc.
The President remarked that ECOWAS region had realised a number of successes including the introduction of a regional e-passport, the first in the Continent and for its timely dispatch of a regional peace-keeping force to States that were facing conflicts. She however maintained the need to prioritise infrastructural projects and completion of outstanding protocols and signing of agreements such as the Economic Partnership Agreements (EPAs).
The Speaker of the ECOWAS Parliament, H.E. Mustaffa Cisse LO, stated at the very least, the ECOWAS Parliament would continue in its quest to find solutions for the ever-increasing regional challenges in migration and maritime security. He said ECOWAS’ mandate included holding consultations in key sector areas such as trade and investment to improve the standards of living and filtering of such resolutions to the ECOWAS Commission for implementation.
The opening ceremony was also addressed by the Speaker of the Pan-African Parliament, H.E. Roger Nkodo Dang, Speaker of the Parliament of Sierra Leone, Rt Hon Sheku Badara Bashiru Dambuya, President of the ECOWAS Commission and the President of the ECOWAS Court of Justice, Hon Justice Jérôme Traoré.
Over the next two weeks, the ECOWAS Parliament is expected to deliberate on a number of key matters including presentations of the draft report on the preparation of the preliminary draft of the 2017 budget of Parliament, consideration and adoption of reports of the Standing, Ad hoc and Joint Committees in Plenary. The Plenary shall also receive and consider the Country reports of its 15 Member States.
EALA has been collaborating with the regional Parliaments in sharing of information and in exchange of best practices. During the recent 8th Meeting of Annual Speakers, held under the aegis of the Pan-African Parliament in Midrand, South Africa, EALA Speaker was elected to chair the Caucus of Regional Speakers/leaders in Africa.
At the moment, other than the Parliament of the European Union, the EALA is the only other regional Parliament with legislative powers. EALA passes Bills on matters within the purview of the Community and such take precedence on the laws of the national Partner States on similar matters.
The First Instance Division heard a matter filed on 20th November 2015 by Mr. Manariyo Desire (Burundi citizen) versus the Attorney General of the Republic of Burundi. The Applicant’s complaint is that the Government of Burundi has failed to abide by its commitment to the fundamental operational principles it has committed to under the Treaty, specifically the principles of the rule of law, good governance and the recognition and protection of the human rights of the Applicant, especially his right to property and to peaceful enjoyment of property that he lawfully owns.
The Applicant alleges that sometime back in 1977, he had bought three pieces of land from Mr. Nzopfabarushe Simon, Mr. Habinimana Andre and Ms. Nizonzima Scholastique. In 1999 the Applicant and the above-mentioned three sellers, had their sale transactions authenticated before the Tribunal of Residence of Musaga, in Bujumbura and they procured from that Tribunal an authenticated contract, through an attested Affidavit. In 2010, Mr. Nzopfabarushe filed a suit in the Tribunal of High Instance of Bujumbura, against the Applicant, laying claim on the land that he had sold to the Applicant, and which was subject to the authenticated affidavit at the time of sale of the piece of land.
In 2012 the Tribunal delivered its judgment of the matter in favor of Mr. Nzopfabarushe and the Applicant was not satisfied with the decision and thus appealed to the Court of Appeal of Bujumbura, praying that it reverses the judgment of the Tribunal of High Instance and to recognize his legitimate property rights on the said land, based on the evidence he had produced, especially the authenticates Bill of Sale, that is the attested Affidavit. In October 2013, the Court of Appeal delivered its judgment and upheld the judgment of the Tribunal of High Instance.
The applicant went further and filed a petition before the Cessation Chamber of the Supreme Court, invoking many grounds for violations of Burundian Law, in particular the refusal by the Court of Appeal to recognize the legal and probative value of the attested affidavit. However, the Cessation Chamber of the Supreme Court dismissed the Applicant’s petition.
Mr. Donald Deya, representing the Applicant in Court, submitted that the failure or refusal by the Respondent through the judgement of the Supreme Court of Burundi on 24th June 2015 to recognize the legal and property value of the attested affidavit No 356/99 of 27th July 1999 was in violation of the commitment of the Respondent among others Articles 6 (d), 7 (2) of the Treaty and 15 (1) of the Common Market Protocol as well as Article 14 of the African Charter on Human and Peoples’ Rights.
He further added that the case was filed on time, so it is not time barred and that the Court has jurisdiction to determine the matter because it has authoritatively established such jurisdiction in superior jurisprudence both the First Instance and Appellate Divisions. That the failure to recogonise the legal and property value of the attested affidavit is unlawful and violated the Applicant’s rights under National law, EAC Law and African Union Law.
Mr. Deya also stated that the trial in the Tribunal of High Instance of Bujumbura was not fair and that it had several irregularities. That the Applicant was never called for the hearing and only received the judgement and learnt that witnesses gave evidence while he never got the chance to cross examine them. He said that the High Instance could not have pronounced itself to the attested affidavit. The Applicant’s advocate finally asked the Court to declare that the Respondents actions and omissions are unlawful and they are an infringement of the Treaty provisions mentioned above. Also the Court to declare that the Applicant’s property rights have been violated by the Government of Burundi and as well as the order for reinstitution, an order directing the Respondent to restore the property rights of the Applicants and allow the Applicant to take his three sell agreements to consolidate them and get one title. Also the Court to order the Respondent to issue a report within 60 days on the residue mechanism it will have provided. The court also asked for costs to be met by the Respondents of this Reference and other orders as it may deem to be just in the matter. He added that the Applicant’s right to peacefully enjoy his property was violated and he is entitled to the remedies sought.
In response Mr. Elisha Mwansasu, the Senior State Attorney representing the Attorney General of Burundi, submitted that the matter is time barred because it was not filed within two months time limit as it is provided in Article 30(2) of the Treaty which states 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;”. He added that the matter was filed on 20th November 2015 more that 2 months after the decision of the legality of the Attested Affidavit of 1999 being complained of.
The respondent also urged that the Court has no jurisdiction to hear the matter as it does not have appellate jurisdictions over decisions of the Supreme Court of the Partner States as provided under Articles 27(2) and 30(3) of the Treaty. He asked the Court to dismiss the matter with costs.
Court will deliver its judgement on notice.
The First Instance Division bench was composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Audace Ngiye.
EAC Secretary General Amb. Libérat Mfumukeko today welcomed the new Deputy Secretary General in charge of Finance and Administration (DSG-F&A), Hon. Christophe Bazivamo, at the EAC Headquarters in Arusha, Tanzania.
Hon. Bazivamo who is from the Republic of Rwanda, was appointed by the EAC Heads of State Summit during their 17th Extra-Ordinary Meeting held at State House, Dar es Salaam on 8th September, 2016.
Amb. Mfumukeko congratulated Hon. Bazivamo on his appointment as DSG-F&A and wished him success in his new duties.
The Secretary General outlined a number of activities before the EAC Secretariat in the next few months as: the development of a roadmap on the EAC-EU Economic Partnership Agreement (EPA), and; the finalization of the EAC Institutional Review which will determine the Community’s future structures and the monumental changes that will come with the review.
Also present at the meeting were Deputy Secretaries General Dr. Enos Bukuku (Planning and Infrastructure), Mr. Charles Njoroge (Political Federation) and the Counsel to the Community, Dr. Anthony Kafumbe.
Prior to his appointment as DSG, Hon. Bazivamo was a Member of the East African Legislative Assembly (EALA) from Rwanda.
Meanwhile, with Hon Christophe Bazivamo having taken oath as new Deputy Secretary General of the EAC, a vacancy has arisen that shall shortly be filled. Already, the Speaker of the EALA, Rt. Hon. Daniel Fred Kidega has declared the vacancy and written to the Speaker of the Parliament of Rwanda in line with Article 51 (3) (a) of the Treaty for the Establishment for the EAC and the provisions of Section 7(3) (a) and (b) of the EALA Elections Act 2011.
It is now expected that the Parliament of Rwanda shall elect a new Member to replace Hon Bazivamo. The Member is to serve EALA for the rest of the tenure of the Assembly up to June 2017.
The Oath of Allegiance to the Community which was presided over by the Summit of the EAC Heads of State at the recent Summit in Dar es Salaam, was administered by the Registrar of the East Africa Court of Justice, His Worship Yufnalis N. Okubo and in the presence of the Counsel to the Community, Hon Anthony Kafumbe.
With the new appointment, Hon Bazivamo ceased to be a Member of EALA. Hon Bazivamo resigned shortly thereafter in a letter to the Speaker of the Assembly, Rt. Hon Daniel Fred Kidega.
“Aware of the fact that in accordance with article 50(d) of the Treaty for the Establishment of the East African Community, I cannot serve at the same time as Member of Parliament of the East African Legislative Assembly and as Deputy Secretary General of the Community, I hereby submit my resignation as a Member of EALA, to allow me serve fully as Deputy Secretary General of the East African Community”, the letter of resignation reads in part.
Hon Bazivamo was elected to EALA in 2011 to take over from Hon Damien Habumuryemi who was appointed Minister for Education in a Cabinet reshuffle. Rt. Hon Habumuryemi would then be appointed the Prime Minister of the Republic of Rwanda, a position he served until he was replaced by Rt Hon Anastase Murekezi.
At EALA, Hon Bazivamo was Chairperson of the Agriculture, Tourism and Natural Resources Committee as at time of his appointment as Deputy Secretary General. He also served as a Member of the Committee on x and was captain of the EALA/EAC Football team, who are the current reigning champions of the Inter-Parliamentary Football Tournament. The new Deputy Secretary General also served as a Commissioner in EALA in 2012-2014.
Hon Bazivamo has served in different Ministerial positions in Rwanda including the Lands, Environment, Forestry, Water and Mines Ministry, that of Local Government and has also served as Minister for Internal Affairs. He is also the current Vice President of the RPF/Inkotanyi, the ruling political organization in Rwanda.
Speaking briefly to EALA Media Office, the former legislator thanked the Speaker and Members of the Assembly for their support and promised to ensure the integration process is strengthened as he takes over a new role at the EAC Secretariat.
Currently, the EAC Secretariat has four Deputy Secretaries General who serve different dockets. The dockets include; Productive and Social Sectors; Planning and Infrastructure; Political Federation and Finance and Administration.
Hon Bazivamo, is an agriculturist by profession. He had his elementary education in the current Rulindo District and joined Secondary School at Lycee de Kigali in 1975.
He joined the National University of Rwanda in 1981 where he graduated with a Bachelor’s Degree in Agro-engineering. Between 1988 and 1989, he worked as a teacher. He later on pursued his Masters’ Degree in Germany before working with a number of NGOs until 1994 when he served as the Prefect of the (then) Gitarama Prefecture. In 2002 he became a Minister for Local Government.
The East African Court of Justice (EACJ) First Instance Division today has made a ruling on the consolidated Applications from the cases filed by three members of Staff of the East African Community Early Warning Unit, accusing the Secretary General of allegedly giving them notice of termination of their employment contracts from 20th September, 2016.
On the bench of the First Instance Division bench were Honourable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge) and Justice Audace Ngiye. The matter was in open Court.
The Court ruled that the matter has been settled after the Secretary General signed copies of letters to stop the termination of the contracts and served them on the Applicants’ Lawyers. The EACJ further said that the Secretary General had acted in accordance with the Council of Ministers’ resolution passed on 5th September, 2016 and so the application had been over taken by events. Court added that since the main Reference is still pending in court for determination, the costs of the Application shall abide the Reference.
The Applicants were asking the court to grant an injunction restraining the Secretary General from effecting his decision to terminate the Claimants’ contracts pending the hearing and determination of the main cases. Applicants claim that, on 17th June 2016, the Secretary General acted beyond his mandate in deciding to terminate the Petitioners’ contracts by serving them notices of termination of service, in breach of the Council of EAC Ministers decisions at its 16th , 18th , 19th meeting and 31st Extra-Ordinary meetings, Regulation 96 of the Staff Rules and Regulations 2006, the provisions of the Claimants’ employment contract, the official communication from the European Union (EU) and African Union (AU) as well as the Agreements between EU and AU and Regional Economic Communities (RECs) including EAC.
The Applicants also stated that on 7th July, 2016, they received, from the EAC Registry, a notice of three (3) months to terminate their employment contract effective 20th June, 2016 signed by the EAC Secretary General. That by that letter, the Petitioners were informed that EAC has no funds to support the African Union Peace and Architecture Support project staff and that for that reason, the Secretary General requested the Petitioners to handover all activities under them to the Deputy Secretary General in charge of Political Federation.
They further said that the reason given to justify the decision of termination of their services is not in the Treaty; neither is it in the staff rules and regulations nor in the employment contract of the Petitioners. The Petitioners added that instead the Treaty in Article 4(2) gives powers to the Secretary General to do all things including borrowing funds to keep the functions of the Community running.
The Claimants further contend that the Secretary General did not provide any evidence that the African Peace and Security Architecture (APSA) support programme has ended and instead the Regional Economic Community (RECs), EAC included, received communication from the European Union (EU) and African Union (AU) informing it that funds were in the process of being disbursed to support the said program and requesting that the staff employed under the APSA programme should be retained to ensure that the capacities that have been developed over the years by the program are sustained. In addition, that the EU and AU have informed the EAC that the new APSA programme will run from January 2016 to December 2018 and that the budget allocation has been approved for AU and other RECs with the EAC allocation funding at Euros 2,850,000.
However, Dr. Anthony Kafumbe, the Counsel to the Community, for the Secretary General, said that the 34th Council of Ministers directed the Secretariat to rescind the termination letters of the staff’ employees in the Peace and Security department {EAC/CM 34/Directive 59) and also directed the Secretariat to amicably settle the pending litigation related to APSA staff at the East African Court of Justice (EAC/CM 34/Directive 60). Dr. Kafumbe said that the Secretary General had since complied with the Council directive.
These Applicants who were present in Court were Benoit Bihamiriza and Didacus Kaguta with their Lawyer Ms. Alice Nijimbire. The third Applicant, Mr. Patrice Mulama, was not in Court but was represented by his advocate Aimable Malala. The Applicants filed their cases on the 15th July, 10th and 12th August 2016 respectively. Mr. Bihamiriza is a Conflict Early Warning Expert; Mr. Kaguta is a Peace and Security Officer, while Mr. Mulama is a Senior Analyst – Early Warning.
The Inter-University Council for East Africa (IUCEA), the East African Business Council (EABC) and the East African Development Bank (EADB) are jointly organizing the Academia-Public-Private Partnership Forum and Exhibitions 2016, which will be held under the theme “Quality Education, Research and Innovation as Drivers of New Economies in the EAC”. The Forum, which will be hosted by the Aga Khan University, an IUCEA member university, is expected to demonstrate some of the practical outputs emanating from research and innovation in the region, in the form of innovative products and services to drive the new economies, focusing on ICT, tourism, agro-industry, financial services, and oil and gas. Other discussions will focus on the establishment of centres of excellence in East Africa, including the Eastern and Southern Africa Higher Education Centers of Excellence (ACE II) project (supported by the World Bank), East Africa’s Centres of Excellence for Skills and Tertiary Education in Biomedical Sciences (supported by African Development Bank), and the proposed centres of excellence in humanities and social sciences (supported by IUCEA). Finally, there will be a session on the implications of the declaration of East Africa as a Common Higher education Area.
Running parallel with the Forum will be exhibitions, that are intended to enable the academia, the public and the private sectors to display the practical aspects of their operations, products, services and achievements as a way of enhancing linkages between the academia, the public and the private sectors in promoting innovation and entrepreneurship development in the region.
Call for Participation in the Exhibitions
Higher education institutions, private sector institutions, and public institutions are hereby invited to participate in the Exhibitions. Participation in the Exhibitions will be an excellent opportunity to showcase institutional profiles, services, and products to various stakeholders, including the academia, the private sector, and the general public. The exhibitions will also provide the opportunity for the exhibitors to interact with the best and most ambitious talents in the private sector and academia, for the eventual productive engagement between these complimentary systems.
Dates and Venue for the Exhibitions
The 2016 Forum and Exhibitions will be held on October 20-21 2016 at the Diamond Jubilee Hall, Dar es Salaam, Tanzania. The decision to host the Forum at the university is to encourage participation of academic and non-academic staff, students and the general public.
Participants Expected to Attend the Exhibitions
a) Those who will already be participating in the Forum, namely:
The private sector fraternity in East Africa and beyond - business leaders and employers (manufacturers, bankers, transporters, telecommunication providers, venture capitalists); SMEs; etc.
The academic and research fraternity in East Africa and beyond – education managers and administrators, including vice-chancellors, rectors, principals, provosts, registrars, deans, directors, and professors from higher education/research institutions across East Africa
Policy makers and government officials in East Africa
The media
b) Others expected to attend the exhibitions (to sample available opportunities) will include:
Students, i.e. current and prospective Alumni
Prospective candidates for higher education institutions
Leaders of higher education placement agencies
Parents
Invited groups and the general public
Potential buyers and customers of products and services
Provisions to Exhibitors
a) 3 m x 3 m exhibition stand with name, lighting, power and internet points at the exhibition section next to the venue of the Forum (Additional stands will be available on request but at a cost of USD 200)
b) Exhibition furniture, including one table and two chairs
c) One page profile in the official forum catalogue (each exhibitor to submit)
d) Visit by the Guest of Honor
e) Visit by more than 500 persons including Forum participants and the general public
f) Media coverage
Registration Fee for Participation
Each participating IUCEA member higher education institutions and members of the EABC and EADB will be provided with one free booth. If there is an institution that requires more space for exhibition, kindly let the organizers know in advance (this will cost US$ 200 per extra exhibition booth/stand). Maximum 2 participants per institution will be supported with teas and lunch.
Participation for non-members of IUCEA, EABC and EADB will be charged at US$ 500 per exhibition booth/stand.
Deadline for submission of intention to participate in the Exhibitions
Those intending to participate in the Exhibitions should register at www.iucea.org/forum by 30th September, 2016.
The officials from the Departments of Trade, Customs and Infrastructure of the Economic Community of West African States (ECOWAS) led by Transport Facilitation and Policy Expert, Mr. Appiah Christian and Trademark East Africa led by Director General, David Stanton today paid a working visit to the EAC Headquarters and held discussions with the Secretary General of the East African Community, Amb. Liberat Mfumukeko and other EAC Senior officials.
The purpose of their visit was to gain insight on major developments realized as well as challenges experienced within the EAC especially on areas of Trade and Customs, Investment, and infrastructure as well as sharing experience of the same from ECOWAS.
In his welcoming remarks, the Secretary General hailed the good relationship between EAC and ECOWAS as well as the increasing opportunities for inter-regional trade brought about by the establishment of regional economic communities (RECs) in Africa.
Amb. Mfumukeko, emphasised the increasing collaboration between the EAC and ECOWAS. He said the EAC was keen on what ECOWAS has attained in the area of financial integration and movements of people.
Noting the establishment of a tripartite Free Trade Area (FTA) between the East African Community (EAC), South African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA), the Secretary General said he looked forward to the FTA linking up with ECOWAS and other RECs to form an African Continental FTA (CFTA).
Accompanying the Secretary General, the EAC Deputy Secretary General in charge of Planning and Infrastructure, Dr Enos Bukuku, briefed the ECOWAS delegation on the major developments taking place in the integration process, notably the operationalization of the EAC Customs Union especially on the Single Customs Territory and status of implementation of the infrastructure projects going on in the region.
Dr Bukuku informed the delegation that the EAC region was undertaking ambitious regional infrastructure development programme in roads, railways, telecommunications and civil aviation. He hailed the Trademark East Africa for their support to some of the projects particularly One Stop Border Post (OSPB) and the Establishment of Single Customs Territory.
The EAC official informed the delegation that EAC is a people-centered community and the involvement of the private sector, women and youth entrepreneurs, as well as ordinary citizens of East Africa in the integration agenda is critical.
On his part, the leader of delegation from ECOWAS, Mr. Appiah Christian, thanked his host for the warm reception and hospitality accorded to them and commended the EAC Secretariat for the enormous work done that has led to important milestones in the integration process.
Speaking on the ECOWAS administrative structure, Mr Appiah informed the EAC team that in January 2007, the Secretariat of the Economic Community of West African States (ECOWAS) with its headquarters in Abuja was transformed into a Commission headed by a President, assisted by a Vice President and Commissioners.
By becoming a Commission with enhanced powers and Commissioners in charge of smaller and clearly defined sectors, the ECOWAS Secretariat has more impact and become more visible in Member States, asserted Mr. Appiah Christian.
He elaborated a number of projects and programmes under ECOWAS Vision 2020 which focus on making EACOWAS more closer to the people than ever before.
The Director General of Trademark East Africa, Mr. David Stanton said that Trademark was very happy with the relationship with EAC. ‘’I am looking forward to a strong partnership in the development of the regional bloc and facilitating more regional bloc study visits in future”.
