East African Court of Justice

2 days ago

Court allows a request by the Gov't of South Sudan to settle a Case through mediation as an alternative dispute resolution

The First Instance Division allowed the Republic of South Sudan and the applicant (Hope for Humanity Africa (HHA)) to attempt settle a Case through mediation as an alternative dispute resolution. The Case (Reference No. 9 of 2020) is challenging the government of South Sudan on alleged Oil spillage due to leakage of oil pipe line resulting to environmental pollution which affects the population. Court will fix the matter to start the mediation process in two weeks’ time.

The Court order resulted from the request by the Lawyer representing the Minister of Justice of South Sudan who asked Court to allow the Gov’t to attempt a settlement through mediation. The Court granted the request and ordered the case to proceed with Court annexed mediation under Rule 64 (2) of the Court Rules which provides that “Mediation or any other form of settlement shall be conducted by the Judge who presides over a Scheduling Conference and shall be in accordance with guidelines set out in the Fifth Schedule”

After hearing the parties’ submissions and agreeing on the alternative dispute resolution, the Court allowed withdrawal of 2 Applications filed by the applicant, one seeking for Court’s injunction restraining the gov’t of South Sudan from carrying out the activities of Oil exploration pending hearing and determination of the Case and second that was seeking Court’s order against the gov’t of South Sudan on the safety of the Lawyers involved in this case.

In the subject reference, the Applicant alleges that environmental pollution from oil exploration in South Sudan is being carried out by Companies in which the government (Respondent) is a shareholder and that failure by the government to recognize and promote the people's rights to a safe environment favorable to their development as guaranteed under the African Charter on Human and Peoples' Rights is a breach of the obligation to uphold the fundamental principles of the Community owed to citizens of the Republic of South Sudan explicitly provided for and enshrined under Article 6(d) and 7(2) of the Treaty for the Establishment of the East African Community. The applicants also claim compensation by way of damages.

The matter was brought before Honourable Judges of the First Instance Division: Justice Audace Ngiye (Deputy Principal Judge) Justice Charles Nyachae, Justice Charles Nyawello, Justice Richard Wejuli & Justice Richard Muhumuza.

Parties in Court were represented by Advocates Justin Semuyaba with Wani Jade Santino for the Applicant while for the Respondent was Mr Biong Pieng Kuol a state attorney from the Ministry of Justice of the Republic of South Sudan ... See MoreSee Less