Coming up for hearing: on 3rd March 2022.
Application filed: 1st April 2021.
Articles: 5(3) (a) & (c), 6 (d), 7(1) (a), (d) & (2), 8(1) (c) & (4), 23, 27(1), 30 and 39 of the Treaty for the Establishment of the East African Community.
Rules: 4, 25 (1), (2) & (3), 27 (1), 52(1), (2) & (3), 53(1) and 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary Injunction.
The 1st Applicant, Mr Issa Muzamil Sebit, President of South Sudan Bar Association (2nd Applicant) and Gabriel Bior Mayom, the Secretary General of South Sudan Bar Association seek for Court orders temporary restraining the Respondent, their employees or agents from holding new elections until Reference No. 14 of 2021 is heard and disposed of by the Court. They also seek for an orders maintaining the status quo of the Applicants as legitimate persons running the Bar Association until final determination of the Reference, an order stopping the Respondent agents from occupying the premises of the 2nd Applicant and any directive the Court deem necessary.
The crux of the Applicants complaint is with respect to the Respondent Court of Appeal decision dated 17th February 2021 that nullified election of the 1st Applicant and General Assembly organised by the Applicant in February 2020 without a hearing of the Applicants and in contravention of procedure for hearing judicial reviews under the laws of South Sudan.
Further states, the Respondent laws prohibits execution of a decree setting aside administrative decision until the order becomes final after exhaustion of all remedies and the Applicants have filed an appeal on 15th March 2021, therefore the move to commence execution of the Court of Appeal decision is a defiance of the law and amounts to violations of the rule of law and such continuous violation pending final determination of the main Reference should be restrained by the Court.
The Applicants also alleges that, the Court of Appeal decision mandates specific individuals to hold elections within 60 days and if not restrained elections may be organised which will render the Reference nugatory.
Further contend, the decision of the Court of Appeal to seize the premises of the 2nd Applicant and hand it over to its nominees is an abuse of authority and will weaken and crumble down the Bar Association as an institution. In addition, allowing the nominees to run and manage the Bar Association instead of elected officials pending determination of the main Reference amounts to interference of the independence of the institutions and violates Article 136 of the Transitional Constitution of South Sudan and will cause confusion among the Advocates and members of the public.
Seizure of the premises and properties of the Applicants by the Respondent agents will make the Bar Association unable to discharge its statutory duties and functions.
That, the losses the 1st Applicant and the 2nd Applicant continued to suffer cannot be quantified by damages and that, the balance of convenience would be in favor of the Applicants if the temporary injunction is granted.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org
Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org